Social workers group warns of “ongoing uncertainty” after Liberty Protection Safeguards delay

The British Association for Social Workers (BASW) has shared its disappointment over the Government’s decision to delay the introduction of the Liberty Protection Safeguards (LPS).

It warned that the delay creates “ongoing uncertainty in the sector” and called for clarity “as a matter of urgency” on what this means for the revised Code of Practice.  

In a letter to stakeholders on 5 April, the Department of Health and Social Care (DHSC) said the move followed the Government setting out its plans for adult social care reform in its publication of Next steps to put People at the Heart of Care.

The letter said: ​“To enable us to focus on these critical priorities, the Government has taken the difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament. This was one of a number of decisions taken as part of prioritising work on social care.....

"We recognise that this delay will be disappointing news for the people and organisations who have worked closely with us on the development of the LPS since the Mental Capacity (Amendment) Act was introduced in 2019."

In response, BASW has called upon the Government to publish the revised Mental Capacity Act (MCA) Code of Practice “at the earliest opportunity” to ensure good practice across health and social care and to “reaffirm the Department of Health and Social Care’s (DHSC) commitment to this area of practice”.

It said it was not currently clear what the delayed implementation of the LPS meant for the publication of the revised MCA Code of Practice, which integrated chapters on the new LPS.

BASW said it is also important that the Department for Education (DfE) be engaged in launching the revised code to “reinforce its importance” as it relates to 16- and 17-year-olds.

The association called on the DHSC to “listen to the sector and make improvements to the current [Deprivation of Liberty Safeguards] scheme, based on the changes that would have been introduced with the LPS”.

BASW said: “The funding that was earmarked for the implementation of LPS should also be made available to the sector in order to refresh the application of the MCA across health and social care. Access to ‘Best Interest Assessor refresher training’, which has not been readily available whilst awaiting news on the timetable for implementing the LPS, needs to be prioritised."

It continued: “The introduction of LPS was designed to address many of the challenges arising from the DoLS process. Many BASW members, professional colleagues and experts by experience devoted their time, energy and expertise to responding to last year’s consultation and earlier in the process when the Mental Capacity (Amendment) Act was progressing through Parliament.

“Delaying the introduction of the LPS creates ongoing uncertainty in the sector and fails to address existing problems and challenges with DoLS. BASW is therefore calling upon DHSC to clarify as a matter of urgency what this means for the revised Code of Practice and how the Government will seek to improve and resource DoLS in the immediate future with a clear focus on promoting and upholding human rights.”

Also responding to the announcement, the Welsh Government expressed “deep disappointment” with the decision, noting that the right to liberty is “one of our fundamental human rights”.

It announced that in light of the UK Government’s decision, it would need to consider how it can “strengthen the current DoLS system in Wales”.

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

Lottie Winson