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Update on Liberty Protection Safeguards

As a result of the obvious need to focus on the coronavirus pandemic, there has been little reference recently to the liberty protection safeguards that were due to come into force on 1 October 2020.

Although the primary legislation was passed, the necessary statutory instruments and code of practice were awaited – and that remains the position.

There is realistically little prospect of the new safeguards being implemented this year and indeed a written House of Lords answer recently provided by Lord Bethel confirms that there will be a new timetable, and that for the moment the health and care sectors are being asked to prioritise pandemic issues.

As and when the action to implement the safeguards recommences, there remain clear issues to address in terms of training for those who are expected to implement this, and who will bear the cost of this.


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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