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.
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 or Kirsty MacMillan.
The monthly round-up from the Anthony Collins Solicitors charities team.
In this ebriefing, we identify what we see as the key messages arising from recent prosecutions in the care and housing sectors.
A recent High Court case on costs could prove essential reading for clients who have cases in the magistrates' courts.
The employment and pensions team offer practical advice on whistleblowing.
Partners, David Alcock and Sarah Patrice, have been involved in reviewing the new Code of Governance for community-led housing, published on 21 May 2021 by the Confederation for Coop Housing.
Following the eviction ban being lifted on 31 May 2021 and further to our previous ebriefing, the new notice of seeking possession forms are now available on the Government website as Word versions.
The European Court of Justice's standpoint on the Wiener Wohnen landowning developer case, and how the level of influence over the work did not amount to a decisive influence.
The Law Commission's Technical Issues in Charity Law report revealed that many charities struggle with a range of technical issue in the law.
The Law Commission recommended four key changes to the law in respect of mergers and the incorporation of charities which we have detailed in this ebriefing.
Over the last few weeks, we have published individual ebriefings on some of the key changes to be implemented following the Government’s response to the Law Commission’s report.
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.