Free webinar: Liberty Protection Safeguards (LPS) – Whatever happened to best interests…?


When a care package deprives a person who lacks capacity to make decisions regarding their residence and care of their liberty, such a deprivation is to be authorised by the Deprivation of Liberty Safeguards under Schedule A1, Mental Capacity Act 2005.

From April 2022, the Mental Capacity (Amendment) Act 2019 will come into force:

  • Introducing Liberty Protection Safeguards (‘LPS’) in a new Schedule AA1 to the 2005 Act
  • Deleting Schedule A1
  • Extending statutory review of deprivation of liberty to 16 and 17 year olds
  • Designating ‘Responsible Bodies’ to authorise deprivation of liberty
  • Creating roles for ‘Approved Mental Capacity Professionals’
  • Requiring a capacity determination, a mental disorder determination, and a ‘necessary and proportionate’ determination
  • Increasing involvement for families, and creating the role of ‘appropriate person’ to  represent and support the cared-for person
  • Extending the scheme to domestic settings
  • Omitting challenges under s.21A MCA and replacing then with similar challenge under new s.21ZA.

Rory O’Ryan of our Court of Protection Team will consider these interesting amendments, and more, in his presentation. Of interest will be the change from the current ‘best interests’ requirements for an authorisation, to a ‘necessary and proportionate’ assessment.

This webinar is part of our collaborative series with DG Legal. Book your place here.

When: 23 Feb 2022
Start time: 13:00
End time: 14:00

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