DHSC, 'Liberty Protection Safeguards Newsletter' (14/6/22)

LPS implementation The email contains FAQs about DHSC, 'Changes to the MCA Code of Practice and implementation of the LPS' (consultation from 17/3/22 to 7/7/22), together with information under the headings: Draft templates covering the LPS process; LPS Steering Group meeting minutes; LPS policy team at DHSC.

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14th June 2022

Dear LPS stakeholders, 

We have now surpassed the midpoint of the public consultation on proposed changes to the Mental Capacity Act (MCA) Code of Practice for England and Wales, which includes guidance on the new LPS system.

We are receiving a steady stream of responses to the consultation survey and have held a number of successful consultation events including workshops for operational staff who will be delivering the LPS in their day-to-day roles, and events for people with lived experience of the MCA. It has been invaluable to hear directly from those who will be affected by the LPS and we look forward to receiving more feedback during the remaining weeks of the consultation.

As a reminder, the consultation will be open until Thursday 7th July 2022. You can find all of the consultation documents and respond to it before then here.

Consultation FAQs

Can I start completing my response to the consultation survey and come back to it later?

Provided that you are using the same device and browser to complete the consultations survey, yes. Your response to each question will automatically save each time you click the ‘next’ button, and you will be able to return to complete the rest of the survey later. Please note that if you try to open the consultation survey on a new device, this will generate a new response, and you will not be able to access any answers that you had previously completed.

Can I respond to the consultation by email instead of completing the consultation survey?

The questions in the consultation survey have been designed to focus on key LPS issues identified through previous discussions with representatives from the sector and people with health and care needs, so these are the areas that we particularly want your feedback on. We would prefer that you share your responses to these questions by completing the consultation survey, as this will ensure that the feedback you provide is considered in context after the consultation period ends. 

If you have further feedback on the draft Code of Practice that you feel is not addressed in other questions, then we encourage you to include this in your response to question 20 of the consultation survey. For any more general feedback that you have not been able to provide via the consultation survey, you can email lps.cop@dhsc.gov.uk.

I have spotted a typo or error in one of the draft consultation documents. How should I let you know?

If you spot a typo or error in one of the draft consultation documents, please do let us know by emailing lps.cop@dhsc.gov.uk.

A number of typos have been brought to our attention already, and we have published an updated version of the draft Code of Practice on the LPS consultation website where we have tried to address as many of these as possible. Any further typos or errors will be addressed after the consultation comes to a close, when we prepare the final versions of the consultation documents.

Can I purchase printed versions of the draft LPS consultation documents? 

Unfortunately, the government no longer produces printed versions of documents, with the exception of some Parliamentary papers (which are sometimes available to order through third party suppliers). You can find out more about this here.

Draft templates covering the LPS process

We are planning to publish a draft set of template forms for operational use before the end of the consultation. The templates are to be used at key points in the LPS process when information needs to be transferred from one party to another. The templates will also enable the recording of the LPS assessment information which will be required operationally for authorisation. It is important to distinguish these template forms from the data that Responsible Bodies will be required to report at a national level. The national reporting requirements are set out in the national minimum data set which is available in draft here alongside the consultation documents. Some items in the national minimum data set will not be covered in these templates and will be collected separately. It should be noted that these templates will not be mandatory but may be of use in ensuring that there is a consistency in information collected by Responsible Bodies.

LPS Steering Group meeting minutes

The minutes from the most recent LPS Steering Group meeting that took place on Monday 9th May have been published today and are available online here.

LPS policy team at DHSC  

Since the start of the consultation there have been some changes in the LPS and Adult Safeguarding team here at DHSC. Sebastian Culliford, who led on the launch of the consultation, has moved team within DHSC and we wish him the very best in his new role.

We are, however, delighted that we have had some new faces join the team - Hamish Grundy, Darshi Veluppillai and Lisa Gwyn. Hamish will be working on taking the LPS policy forward, whilst Darshi and Lisa will be working on Adult Safeguarding.

As always, we welcome your feedback on the content of our regular newsletters and encourage you get in touch with us at  lps.cop@dhsc.gov.uk  with any queries or comments. If this newsletter has been forwarded to you and you would like to be included on our LPS and DoLS mailing list please contact the email address above – we will add you to it.  

Best wishes, 

LPS policy team at DHSC 

If you have received this newsletter directly, that’s because we think that you have shown an interest in receiving updates on the implementation of the LPS. You can Unsubscribe  at any point by emailing lps.cop@dhsc.gov.uk

DHSC, 'Liberty Protection Safeguards Newsletter' (14/6/22)

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