Tom Gregory gives his perspective on mediation as a newly qualified solicitor.
It was announced by the Government on 16 July 2020 that the implementation of Liberty Protection Safeguards (LPS) has been delayed until April 2022. No date has been set, with April 2022 being described as the “aim for full implementation”.
Liberty Protection Safeguards (LPS), due to replace the current Deprivation of Liberty Safeguards (DoLS) scheme, were due to be implemented in October 2020. Many people expressed concern that this date was unachievable, even before Covid-19 changed the landscape.
The Government remain optimistic that some provisions of the Mental Capacity (Amendment) Act 2019 will come into force before April 2022 but have not yet set out exactly which provisions these will be.
The Government plan to undertake a 12-week public consultation on the draft regulations and Code of Practice for LPS. There will then be a period of 6 months to prepare for the implementation.
I am sure this delay was expected by many, if not everyone, working in this area due to the pressures of Covid-19. These pressures are not only faced by the Government, but by those on the front line of health and social care, who are unlikely to have had the time to undergo training and make changes to their practices ready for LPS to be implemented.
It has already been 6 years since the House of Lords Select Committee published their scathing report and recommended that DoLS be replaced. It is therefore disappointing that the “not fit for purpose” DoLS system will remain in place for at least another 17 months. It is, however, welcome news that the LPS regulations and Code of Practice will be properly scrutinised over time, ensuring that people’s rights to liberty are properly protected.
For more information
If you would like to know more about DoLS or LPS, or if you have a relative who is subject to a DoLS and would like advice, please contact Rebekah Sambrooks.
Kelly Brown talks us through why she chose to become a mediator within family law.
What are the Covid-19 conundrums facing employers as we head into this year? Here are our top six along with some suggested solutions
When I started on my mediation journey, I did so on the basis that I wanted to help parties come to arrangements for their families and mitigate animosity that court proceedings inevitably led to.
Family mediation is one of several options that couples have when resolving child or financial issues that may arise during a separation process.
Matt Wort, partner and head of the health and social care team at Anthony Collins Solicitors (ACS), a national law firm with offices in Birmingham and Manchester, has been named as one of the The Lawy
Family mediation is a process in which a professionally trained mediator, who is independent to both parties, helps you work out arrangements for your child(ren) and/or the division of finances follow
In the run-up to Christmas with the 'will they, won’t they cancel Christmas?' question clouding our thoughts, only the eagle-eyed will have noted a key Government announcement on Christmas Eve; temporary changes to the Health and Care Worker visa mean care workers will be eligible to work in the UK under this visa.
Recent Charity Commission inquiries and their implications for trustees, updates to guidance on volunteering and safeguarding and the steps you can take to prevent your charity falling victim to fraud
On 8 December 2021, the Competition and Markets Authority (the CMA) published its revised consumer law advice for care home providers (Guidance).
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.