Although there has been no confirmation from the DHSC, with each passing day it appears to be clear that either LPS will be significantly delayed or LPS will not happen. In the recent Hill Dickinson webinar ‘Annual Mental Capacity Act and Deprivation of Liberty webinar incorporating Liberty Protection Safeguards update’ Ben Troke helpfully talked through what might happen if LPS doesn’t happen or it is significantly delayed and what we should all be thinking about if this ends up being the case.
I am sure my Local Authority is not the only one that is starting to think, what are we going to do if LPS doesn’t happen and what could the DHSC be doing to support LA’s, ICB’s and NHS Trusts if LPS doesn’t happen.
I wanted to start this ‘forum topic’ to ask people to share their views on:
What can and should local authorities and ICB’s be doing to improve DoLS and Community DoL practice
- One suggestion would be all ICB’s and LA’s having a clear Community DoL process for people 16+ (something that we have in my LA and I know many other LA’s and ICBs do have, but also know not all have this in place).
What should we be asking the DHSC to do in the interim (I would suggest that asking for more money isn’t going to be a possible outcome though )
- One suggestion could be asking the DHSC/MoJ to update the current MCA and DoLS Codes of Practice to be in-line with current case law and relevant guidance (this surely could be done before the next General election).
- Asking the DHSC to give clear guidance on how to approach the DoLS backlog that many LA’s have and how to manage/prioritise our Community DoL backlogs as well.
Really interested to hear everyone else’s views on this.