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

**URL:** <https://forum.mentalhealthlaw.co.uk/t/lps-criticism-anselm-eldergill-lps-weaknesses-linkedin-13-12-23/2096>\
**Category:** MHLO updates\
**Created:** [21 December 2023 22:17 UTC](https://forum.mentalhealthlaw.co.uk/t/lps-criticism-anselm-eldergill-lps-weaknesses-linkedin-13-12-23/2096 "2023-12-21T22:17:25Z")\
**Posts on this page:** 1\
**Page:** 1

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**Author:** ![MHLO](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/mhlo/32/24_2.png) [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Post date:** [21 December 2023 22:17 UTC](https://forum.mentalhealthlaw.co.uk/t/lps-criticism-anselm-eldergill-lps-weaknesses-linkedin-13-12-23/2096/1 "2023-12-21T22:17:26Z")

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— 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.)

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Full details available at: [https://www.mentalhealthlaw.co.uk/Anselm\_Eldergill,\_%27LPS\_weaknesses%27\_(LinkedIn,\_13/12/23)?id=211223-2151](https://www.mentalhealthlaw.co.uk/Anselm_Eldergill,_%27LPS_weaknesses%27_(LinkedIn,_13/12/23)?id=211223-2151)