Impact assessment

Impact assessment of the Mental Capacity (Amendment) Act 2019

Assessment of the amendment, which introduced the Liberty Protection Safeguards to replace the Deprivation of Liberty Safeguards.

• From: Department of Health and Social Care
• Published: 28 January 2021

This was published under the 2019 to 2022 Johnson Conservative government

Applies to England and Wales

Documents

Impact assessment of the Mental Capacity (Amendment) Act 2019

PDF, 1.95 MB, 49 pages

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Details

The Liberty Protection Safeguards (LPS) were introduced in the Mental Capacity (Amendment) Act 2019. LPS will provide the framework to determine whether a deprivation of liberty is necessary and proportionate for the care or treatment of an individual who lacks the mental capacity to consent to their arrangements, in England and Wales. They will replace the Deprivation of Liberty Safeguards (DoLS) system, which was found to be “bureaucratic” and “too complex” by a House of Lords Committee in 2014.

This impact ssessment is an updated assessment of the Mental Capacity (Amendment) Act 2019. It provides an assessment of DoLS at present and fully funded, as well as for LPS as set out in the act.

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Published 28 January 2021