Skip to main content

Mental Capacity

Question for Department of Health and Social Care

UIN 181142, tabled on 14 April 2021

To ask the Secretary of State for Health and Social Care, if he will undertake an assessment of the effect of the planned introduction of Liberty Protection Standards on the training standards and implementation of the existing Deprivation of Liberty Safeguards process.

Answered on

21 April 2021

In July 2020 we set out a target date for implementation of the Liberty Protection Safeguards (LPS) of April 2022. We are working towards public consultation which will inform our plans for full implementation.

Until the LPS comes into force, it is vital that all bodies with legal duties under the Deprivation of Liberty Safeguards (DoLS) continue to operate these important safeguards to ensure the rights of people without relevant mental capacity are protected. The Department is working with national organisations including Health Education England, the Social Care Institute for Excellence and Skills for Care, to ensure that DoLS training continues until the LPS is implemented. In preparation for the implementation of the LPS, organisations should ensure that staff are also up to date with relevant Mental Capacity Act 2005 training.