Social workers body expresses opposition to Liberty Protection Safeguards delays

The British Association for Social Workers (BASW) has written to the Minister for Social Care, Helen Whately, about the decision to delay the implementation of the Liberty Protection Safeguards (LPS), and therefore “failing to regard the everyday crisis situations that face many of the most vulnerable people”.

On 5 April 2023, the Government announced its decision to delay the implementation of the LPS ‘beyond the life of this Parliament’.

The LPS were introduced in the Mental Capacity (Amendment) Act 2019 and were due to replace the current Deprivation of Liberty Safeguards (DoLS) system.

In its letter to Helen Whately sent last week (26 September), the BASW noted that one of the advantages of the planned LPS is that it is “a more light-touch system of assurance”.

The organisation added: “Delays in completing DoLS can contribute to silting up the social care system (for example, shifting long stay hospital placements to the community) since more appropriate accommodation is dependent on DoLS approval.”

Expressing its disappointment regarding the postponement of further work on the implementation of the Act, the BASW said: “Taking all this together gives the impression that the Government simply does not regard the everyday crisis situations that face many of the most vulnerable people, their families and the people who support them as worthy of energy and attention.”

The organisation requested a meeting with Whately and her officials “to agree concrete steps on the way forward with a date in the diary before 30th September 2023”.

It added: “Failing this we will take steps to raise this issue through all appropriate channels to ensure this situation does not continue.”

The Department of Health and Social Care has been approached for comment.

Lottie Winson