Introduction
It looks like for the first time since the pandemic hit, the Liberty Protection Safeguards (LPS) are back on the agenda. The LPS National Steering Group met on 13 October 2020 for the first time since February. Looking through the summary of the meeting published online here, it is apparent that the government is aiming for the LPS to be fully implemented by April 2022. We can look forward to a public consultation on the draft regulations and Code of Practice in Spring 2021.
Care Home Managers’ Responsibility U-Turn
The government has rather sensibly decided not to immediately implement the controversial plans for care home managers to be responsible for gathering key information to determine whether their residents should be deprived of their liberty. The meeting summary says “The Government has decided not to implement this aspect of the MC(A)A in England, for now. The relevant provisions in the Act will therefore not be commenced in April 2022.” They say that they still believe in their aims with these provisions to allow staff who know the person best to lead the LPS process, but have come to the conclusion that “now is not the right time to introduce the role”.
With widespread opposition to this proposal, not least because managers are likely to face a perceived conflict of interest when making these decisions, it is not surprising that the government has taken this decision. Additionally, it is likely that managers would require training in order to acquire the skills to perform the role properly. There was no suggestion that this would be provided.
This shift in the government’s position is widely welcomed, however, it would be preferable to receive assurances that this measure will not be introduced in the future.
Conclusion
Reading the summary of the meeting, it is encouraging that the LPS might be progressing in a more practical direction than feared. It will be important for providers to stay up to date with the implementation of the LPS and make sure their voice is heard during the public consultation when it takes place in Spring 2021. The next National Steering Group Meeting is set to take place in December 2020. We certainly would be very interested to see the draft regulations and Code of Practice to understand how the LPS will work in practice.
Should you have any questions regarding the Liberty Protection Safeguards (LPS) contact our Health and Social Care team on 01483 451 900 or make an online enquiry here and we will contact you.
About the Author
Trainee Solicitor
Tel: 01483 451900
Email: lucy@gordonsols.co.uk