On 8th July 2022 a set of nine draft forms related to the Liberty Protection Safeguards were released via email from the Department of Health and Social Care. These are not believed to be the mandatory format going forward, but rather are designed to help guide expectations and ensure consistency.
The drafts can be accessed at any of the following sites:
On reading through the various forms it seems clear that they have been kept deliberately concise and to the point. This should make completing and reviewing the forms that much easier. There is also an emphasis on consultation, which aligns nicely with the proposed new Mental Capacity Code of Practice, which further directs who may be able to complete each form and who is responsible for referring to said parties.
In terms of the Authorisation Record (formerly known as Form 5), I note that it does not contain any section for ‘conditions’; rather instead it includes two core boxes titled ‘The following arrangements are authorised’ and ‘Additional arrangements’. From my experience as a Relevant Person’s Representative (RPR), this does raise some concerns, as the conditions can help to direct and empower a family member who is assigned to this role, or what will be the Appropriate Person under the new Code of Practice. In addition, it can remind a care setting of responsibilities to take action in order to ensure best practice and rights are upheld.
Barrister and Honorary QC Alex Keene observes how one of the forms has been ‘misnamed’. As draft forms it is assumed that anomalies and recommendations will be amended as required, as well as inclusion of national data set requirements.
We await further updates from the Department of Health and Social Care on how these forms will be updated going forward.