Local Authority Insight Series: Regime change - the Liberty Protection Safeguards - LexisNexis

July 18, 2022

LexisNexis take a look at how the new Liberty Protection Safeguards work in practice when they replace the Deprivations of Liberty Safeguards (DOLS)

Alex Ruck Keene QC (Hon), Barrister at 39 Essex Chambers and author of the Mental Capacity Law and Policy blog, and Emma Harrison, Senior Solicitor at Devon County Council and LLG National Lead for Adult Social Care and Health evaluate how the Liberty Protection Safeguards might work in reality in the light of the publication of the draft Code of Practice.

They outline and examine how key aspects of the LPS regime differ from the DOLS and in which regards it will remain the same, and consider the operation of the ‘acid test’ established in the Cheshire West decision of the Supreme Court when the LPS are in force.

Alex and Emma also ask whether the new regime will act to streamline the process or create more work for lawyers and health and social care professionals and consider where litigation may arise in future to clarify the operation of the Liberty Protection Safeguards.

Speakers:

Emma Harrison

Emma Harrison is a senior solicitor specialising in Adult Social Care and Court of Protection work at Devon County Council. She has been the national lead officer of the Adult Social Care & Health SAA group for Lawyers in Local Government group (LLG) since 2016 and has recently been appointed as National Lead Director for LLG.

Alex Ruck Keene QC (Hon)

Alex Ruck Keene is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, editing and contributing to leading textbooks and (amongst many other publications) the 39 Essex Chambers Mental Capacity Law Report, the ‘bible’ for solicitors (and others) working in the area. He is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/, providing resources and expert commentary on some of the most difficult mental capacity issues.