Government “still accepts the need for change” after delayed implementation of LPS
The Department for Health and Social Care (DHSC) has responded to a letter from the Joint Committee on Human Rights which expressed concern at the delays to the implementation of the Liberty Protection Safeguards (LPS).
The letter, written by the Chair of the Joint Committee, Joanna Cherry KC MP, followed the Government’s announcement in April that it would delay the implementation of LPS “beyond the life of this Parliament”.
The Joint Committee on Human Rights posed four questions for the Government on 26 May:
1. Does the Government still believe that the system of DoLS is in need of reform? If so, given the delay in the implementation of the LPS, are any reforms of the system currently planned in the interim?
2. What steps are being taken to address the delays to the processing and completion of DoLS applications, with the aim of ensuring that no one is unlawfully deprived of their liberty in a care setting?
3. Will the availability of non-means-tested legal aid be extended to include those who may be subject to deprivation of liberty in care settings without an authorisation in place?
4. What steps are being taken to ensure that those involved in making DoLS decisions receive adequate human rights training, and fully understand the operation of DoLS?
Responding to the letter on 14 June, Minister of State for Social Care, Helen Whately MP said that the Government “still accepts the need for change” and that it is pleased that it has “made progress towards introducing the LPS”.
She said that the Government is providing a “historic funding uplift to the sector” and taking forward the reforms set out in the ‘Next Steps to Put People at the Heart of Care’ plan.
The response letter also revealed that DHSC and the Ministry of Justice (MoJ) will “work together to consider the feedback and publish a response to the 2022 consultation on changes to the Mental Capacity Act Code (MCA)”, with the aim of publishing a revised MCA Code.
In response to question two, Whately said that all individuals and bodies with legal duties under the DoLS must continue to apply these safeguards to “ensure the rights of people without the relevant mental capacity are protected”.
On the question of non-means tested legal aid, Whately revealed that it will not be extended to individuals subject to deprivation of liberty in care settings where no authorisation was in place, or in cases where the Court of Protection needs to make a deprivation of liberty order. However, it will be extended to under 18 year-olds.
In response to what steps are being taken to ensure that those involved in making DoLS decisions receive “adequate human rights training”, the DHSC said that the Government continues to support the National Mental Capacity Forum – “whose purpose is to raise awareness and understanding of the MCA across the health and safety sectors.”
Lottie Winson
