Consultation: Changes to the MCA Code of Practice and Implementation of the LPS

The Government is now consulting on the proposed changes to the Mental Capacity Act 2005 (MCA) Code of Practice, which includes guidance on the new Liberty Protection Safeguards (LPS) system. One of the documents being consulted upon is a draft Workforce and Training Strategy. Large parts of this relate to statutory roles with the NHS, LAs and advocacy services but there is some useful information about the planned roll out of training materials across the health and care sectors.

This consultation is also seeking views on the LPS regulations, which will underpin the new system. This is a joint consultation published by the Department of Health and Social Care (DHSC) and the Ministry of Justice (MoJ). The LPS will apply to people over the age of 16, and the Department for Education (DfE) has been involved in the development of this new system. Consultation closes on 7 July 2022; Somerset County Council actively encourages all key stakeholders – including local care providers – to contribute to the consultation via this link: Proposed changes to the Mental Capacity Act 2005 Code of Practice and implementation of the Liberty Protection Safeguards – Department of Health and Social Care (dhsc.gov.uk). The announcement of the go-live date for LPS will not be made until after the consultation period. Further detail can be found via: https://www.gov.uk/government/consultations/changes-to-the-mca-code-of-practice-and-implementation-of-the-lps