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Liberty Protection Safeguards – new implementation target date announced

We confirmed in a previous briefing that the commencement of the Liberty Protection Safeguards (“LPS”) in October this year to replace the current DoLS scheme had been postponed.

The Government has now announced in a written statement that these should come into force by April 2022. Some provisions such as training and roles will probably come into force in advance.

The primary legislation was passed in May 2019. However the regulations and code of practice that are key to implementation of this had not been published prior to the COVID-19 pandemic. The Government has said that there will be a 12 week public consultation on the drafts of these documents and that the final version will be published in advance of implementation, possibly as long as six months before the LPS come into force.

The code of practice and the regulations have always been central to the way the LPS will operate in practice as  they put ‘flesh’ on  the ‘bones’ of the 2019 Act. It remains to be seen how these will address the many concerns that have been expressed about the operation of the LPS, and the cost of this.


Disclaimer

This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.

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