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Delay in LPS implementation date

The Minister for Care, Helen Whately, has announced a delay in the implementation of Liberty Protection Safeguards (LPS).  The Mental Capacity Act 2019 introduced LPS to replace Deprivation of Liberty Safeguards (DoLS) and was originally to come into force from 1 October 2020.  The minister has said that this is clearly not possible now and that full implementation of LPS will be by April 2022.  Some provisions, covering new roles and training, will take place prior to this date.

The government will undertake a public consultation on the draft regulations and Code of Practice for LPS which will run for 12 weeks.  This will allow sufficient time for those that are affected, including those with learning disabilities, to engage properly.  DoLS will remain in place in the meantime.

The sector will be given time, following publication of the final code, to prepare for implementation and the minister is giving approximately six months for this.  You can read the written statement here