The Deprivation of Liberty Safeguards process is universally
recognised as “not fit for purpose” and is failing to provide vulnerable people
with the protections they need. It is burdensome and bureaucratic for the user,
care provider and the local authority and does not give enough regard to the
needs of the person. The Liberty Protection Safeguards are based on the
Law Commission’s four years of engagement with service users, local government
and providers, and will reform this broken system. The new model will:
- Secure protections for
vulnerable people through a simpler process and removing duplication,
reducing the backlog so that people can access the safeguards they need.
- Be person-centric and
include a clear role for carers and families including an explicit duty to
consult with them on proposed arrangements
- Be easier for people,
their carers and families as assessments can take place as part of the
wider care-planning process.
Since the Bill’s introduction, the Government has listened
to concerns of peers and stakeholders. We have now brought forward amendments
to address these concerns, which have been agreed at Report Stage in the House
of Lords. This note details these amendments and other commitments.
The Care Home Manager
The role of care home managers for authorisations in care
homes was an area of concern for many, who raised the risk of conflict of
interest. We have addressed this with amendments:
Other Amendments to strengthen safeguards
within the model
Commitments by Government to bring forward
in House of Commons
- Government will introduce an amendment in response to calls
for a statutory definition of deprivation of liberty.
The aim of this is to bring clarity and ensure that LPS is not being
applied unnecessarily. The Government will be working closely with
stakeholders and peers over this definition to ensure we bring clarity in
the application of Liberty Protection Safeguards.
- There will be a requirement that all cases in independent
hospitals must be referred to an Approved Mental Capacity Professional
(AMCP), regardless of objection status. This is to address concern over
conflict of interest in independent hospitals, where the hospital manager
would otherwise authorise arrangements: this adds independent oversight.
- Developing a new Code of
Practice for the new legislation by directly consulting with stakeholders,
possibly setting up a specific working group.
- Support and training for
all involved in the new model.
We are grateful to
stakeholders who have worked with us so far and given their insight as to how
we can improve safeguards in this Bill. We look forward to continuing this
cooperation as we move towards introduction in the House of Commons and remain
conscious of the essential need for reform and the 125,000 people waiting without
For questions or to be involved please contact Rosily.Jones@dhsc.gov.uk
Click here to download the print version of the Bill
as amended after Report.