The Department of Health and Social Care announced on the 5th April 2023 that the implementation of the Liberty Protection Safeguards will be delayed until at least the next general election (anticipated to be in Autumn 2024).
With the delay to the Liberty Protection Safeguards it is more important than ever to ensure the existing scheme of Deprivation of Liberty Safeguards (DoLS) works, that providers understand the application of Deprivation of Liberty Safeguards and interaction with the Mental Capacity Act. It has been widely recognised that there are number of challenges associated with the current DoLS system, particularly in light of the increases in the number of DoLS applications – which have been seen across England and Wales. In light of the UK Government decision, we will need to consider how we strengthen the current DoLS system in order to continue to protect and promote the human rights of those people who lack mental capacity.
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