In May 2019, the Mental Capacity (Amendment) Act became law, and one of the major changes to mental capacity law will be the introduction of Liberty Protection Safeguards (LPS). These safeguards will replace Deprivation of Liberty Safeguards (DoLS).
There is currently a Code of Practice being written for the new LPS’s and, until this is finalised and published, training for mental capacity should remain the same and include DoLS.
Careskills Academy have recently reviewed and updated our Mental Capacity & DoLS training and have now included the latest information and an overview of Liberty Protection Safeguards, but until the new Code of Practice is released, our Mental Capacity Training still focus on the use of DoLS, as directed by Skills for Care.
It is important that your staff are still trained in mental capacity law, as it guides them in their approach to individuals, and how the ability to make choices and decisions should be respected and supported.
With the introduction of Liberty Protection Safeguards the fundamental principles of the Mental Capacity Act 2005 will not change, it is only safeguards that will be updated for those individuals who lack capacity, where decisions may have to made for them in their Best Interests.
We will release a further notification when the training is updated with the process of Liberty Protection Safeguards completely replacing DoLS. The governments plans are, to date, that the change will take place in Spring 2022.
