LPS Conference, February 2022
We are excited to share that we will be presenting at the Liberty Protection Safeguards (LPS) Conference 2022, at events to be held in Birmingham and Manchester later this month.
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Liberty Protection Safeguards (LPS)
Gillick Competence and the Fraser Guidelines
The Mental Capacity Act (2005) currently applies to adults aged 16 years and above. However, as with many things, there are specific areas of exception. One of which is known as ‘Gillick Competency’ (or Gillick Competence), and the related Fraser Guidelines. These two important judgements set out rules around when a young person is deemed competent to make their own decisions without specific parental consent.
What is a Relevant Person’s Representative (RPR)?
A Relevant Person’s Representative (RPR) is a necessary and essential role under the Deprivation of Liberty Safeguards (DoLS). It is the role of the RPR to maintain regular contact with the relevant person who has been deprived of liberty, and represent them in all relevant matters. This can include: appealing against a DoLS authorisation, requesting a review, ensuring least restrictive practices are in place or raising a complaint.
Impact of LPS on supported living
In recent years, the Courts have recognised the growing number of areas to which Deprivation of Liberty Safeguard (DoLS) should apply, with the result being that Community Orders have been added to the DoLS process. Yet still there has been gaps where people have not had capacity to consent to their placement and care, yet not had an authorisation requested or considered.
Further delays to the implementation of the LPS
Following an announcement by the Department of Health on Thursday 16th December 2021, the long awaited release of the Liberty Protection Safeguards has again been postponed.
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