As we are all aware, an implementation date has yet to be set for this framework. The consultation on the code of practice has ended and the next step is collating the responses and making recommendations before refining the code of practice document and publishing it. At that point, hopefully a date for implementation will be set. It is expected that the Dols framework and the LPS framework will run concurrently, initially, to enable the transfer of those already on the Dols framework.
Both frameworks have the same aim of protecting the human rights of those who lack the capacity to consent to arrangements which deprive them of their liberty. The Liberty Protection Safeguards aim to make the process simpler by making it more about looking at the person as an individual and less of a need for lots of assessments and paperwork. There will be an explicit duty to consult with the person, and those interested in their welfare, to establish the person’s wishes and feelings about any proposed restrictive arrangements.
The process will involve looking for the least restrictive option and where restrictions are the only option, looking at how the restrictions will affect the individual and what they can do to maintain the individual’s happiness and wellbeing within the restrictions.
There will also be a clearer process for challenging care plans that deprive the individual of their liberty, giving opportunities to review and change plans to meet the needs of the individual.
The LPS framework will include a wider group of people including 16-18 year olds and those in community settings, neither of which were included in the Dols Framework.
We will be updating our training to include Liberty Protection Safeguards as soon as we have the information to do so.