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New research briefing into Liberty Protection Safeguards published

The House of Commons Library has published a briefing note setting out the legal and policy background to the Mental Capacity (Amendment) Act 2019 and giving an overview of its main provisions.

The Act amends the Mental Capacity Act 2005 and introduces the new process for authorising deprivations of liberty known as the Liberty Protection Safeguards ('LPS'). Whilst the implementation of the LPS had been intended to commence in April 2022, this has been delayed due to the coronavirus pandemic. Instead, the government opened a 16 week public consultation on proposed changes to the Mental Capacity Act Code of Practice on 17 March 2022. This Code of Practice includes guidance on the new LPS.

For the House of Commons Library briefing note, click here.

Julia Queen, Barrister, Coram Chambers