LPS criticism. Anselm Eldergill, 'LPS weaknesses' (LinkedIn, 13/12/23)

— The proposed LPS scheme is described as having the following fundamental weaknesses (paraphrased): (1) it "bakes in" the illegality of DOLS and "seems designed to permit citizens to be deprived of their liberty for months on end without any legal authorisation in place"; (2) it permits the COP to detain people who are detainable under the MHA; (3) the mental disorder condition is not ECHR compliant; (4) arguably, DOLS also does not incorporate the second Winterwerp condition; (5) it is no simpler or less bureaucratic, in reality the same six requirements remain, and the procedures are labyrinthine; (6) the legal liability provisions leave practitioners dangerously exposed. (The second Winterwerp condition is that the mental disorder must be of a kind or degree warranting compulsory confinement.)
Full details available at: https://www.mentalhealthlaw.co.uk/Anselm_Eldergill,_%27LPS_weaknesses%27_(LinkedIn,_13/12/23)?id=211223-2151