Safeguards will be delayed until at least the next general election (anticipated to be in Autumn 2024). Even if a new government is keen to implement Liberty Protection Safeguards (LPS), any reform will now be some years away.
With the delay to the Liberty Protection Safeguards it is more important than ever to ensure the existing scheme for deprivation of liberty works, including the Deprivation of Liberty Safeguards (DoLS) and the role of the Court of Protection and High Court.
It has been widely recognised that there are number of challenges associated with the current system, both in DoLS and in the court, and we have to deal with these challenges with the tools that we have for now. Attention needs to turn to getting deprivation of liberty in the community cases to court more effectively, as well as cases involving children and young people. It is also vital that providers understand the Mental Capacity Act and use it effectively.
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