BASW & ADASS push for Liberty Protection Safeguards
BASW and ADASS have written to the Department of Health and Social Care urging them to bring forward the implementation of Liberty Protection Safeguards (LPS) in England and Wales without further delay.
The calls have been prompted in response to comments from the Minister for Care, Stephen Kinnock at a recent committee session on the government’s Mental Health Bill, where he indicated that he was still reviewing whether to introduce LPS or not.
The LPS were designed to replace Deprivation of Liberty Safeguards (DoLS) and were part of the Mental Capacity (Amendment) Act that was passed by parliament in 2019. Yet, they have been repeatedly delayed since then.
BASW’s manifesto for social work insisted that the government must put an end to the delay as early as possible. However, the Minister said in response to a question from Dr Luke Evans MP that he was ‘not entirely convinced’ about LPS, and so the government will be continuing with DoLS for the time being.
DoLS is not working
Backlogs for processing DoLS applications are alarmingly high, with only 19% of standard applications being completed within the statutory timeframe. The number of assessments is going up by around 10% each year, which only risks putting more pressure on this backlog.
When assessments are delayed, staff face the challenge of keeping people safe while protecting their rights. People are being unlawfully deprived of their liberty for longer than they should, or where less restrictive options could have been identified sooner.
The benefits of LPS
The introduction of LPS was designed to address many of the challenges arising from the DoLS process, including longer authorisations, streamlined renewals, better use of specialist roles, and integration with Care Act processes.
ADASS have calculated the improvements, including removing the time limit of reusing previous assessments; extending the maximum authorisation time that can be recommended from 1 to 3 years, and expanding the pool of professionals that can carry out DoLS assessments which are currently restricted only to the role of Best Interests Assessors and DoLS Mental Health Assessors, which could save councils up to £50mn a year and improve outcomes for people.
Delays in implementing LPS also means that some of the changes that would have reduced unnecessary duplication of assessment also result in higher expenditure due to the extra staff and resources needed. This prevents the allocation of resources to other important areas within the public sector.
BASW and ADASS take action
A year into the new government, it is disappointing that we are no further forward in ending this prolonged delay. Retaining the status quo ignores the everyday crisis situations facing many vulnerable individuals and their families. It is not a viable nor a sustainable option.
LPS has been sidelined throughout the debate on the Mental Health Bill. This has created more uncertainty within the sector, while simultaneously failing to address the problems with DoLS.
BASW and ADASS have therefore written to Mr Kinnock to urge him to provide much needed clarity on when or if his department has plans to phase in LPS. Read our letter here.
If you would like to be kept informed of the response we receive, please email jonny.adamson@basw.co.uk
