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1670425

registered interest
date	15/11/2023
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Mental Capacity
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, for what reason her Department has indefinitely delayed the introduction of the Liberty Protection Standards.
tabling member constituency	Rotherham
tabling member printed	Sarah Champion
uin	2156
answer	answer is ministerial correction date of answer 28/11/2023 answer text <p>The difficult decision to delay the implementation of the Liberty Protection Safeguards was not taken lightly. We have done so to enable the Department, and local partners, to prioritise the reforms set out in the Next Steps to Put People at the Heart of Care plan. These include investment in the workforce, technology, and support for unpaid carers.</p><p> </p><p>These priorities, alongside the funding uplift of up to £8.1 billion over this year and next to strengthen adult social care provision, will drive forward our ambition of ensuring that everyone can access the right care, in the right place, at the right time. Until the Liberty Protection Safeguards come into force, the existing Deprivation of Liberty Safeguards, which form a key part of the Mental Capacity Act, remain in place and ensure that decisions are made in a person's best interests.</p> answering member constituency Faversham and Mid Kent answering member printed Helen Whately question first answered 28/11/2023 09:47:06 answering member 4527 label Biography information for Helen Whately
tabling member	4267 label Biography information for Sarah Champion

1584642

registered interest
date	06/02/2023
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Mental Capacity
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, if he will publish a timetable for the introduction of Liberty Protection Safeguards.
tabling member constituency	Tooting
tabling member printed	Dr Rosena Allin-Khan
uin	140393
answer	answer is ministerial correction date of answer 17/04/2023 answer text <p>The implementation of the Liberty Protection Safeguards (LPS) has been delayed beyond the life of this Parliament. We will therefore not be publishing a timetable for the introduction of the LPS at this time</p> answering member constituency Faversham and Mid Kent answering member printed Helen Whately question first answered 17/04/2023 09:07:12 answering member 4527 label Biography information for Helen Whately
tabling member	4573 label Biography information for Dr Rosena Allin-Khan

1308970

registered interest
date	14/04/2021
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Mental Capacity
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, if he will publish an update on the timescale for the introduction of the Liberty Protection Standards.
tabling member constituency	Stockport
tabling member printed	Navendu Mishra
uin	181141
answer	answer is ministerial correction date of answer 21/04/2021 answer text <p>In July 2020 we set out a target date for implementation of the Liberty Protection Safeguards (LPS) of April 2022. We are working towards public consultation which will inform our plans for full implementation.</p><p>Until the LPS comes into force, it is vital that all bodies with legal duties under the Deprivation of Liberty Safeguards (DoLS) continue to operate these important safeguards to ensure the rights of people without relevant mental capacity are protected. The Department is working with national organisations including Health Education England, the Social Care Institute for Excellence and Skills for Care, to ensure that DoLS training continues until the LPS is implemented. In preparation for the implementation of the LPS, organisations should ensure that staff are also up to date with relevant Mental Capacity Act 2005 training.</p><p> </p> answering member constituency Faversham and Mid Kent answering member printed Helen Whately grouped question UIN 181142 question first answered 21/04/2021 09:42:23 answering member 4527 label Biography information for Helen Whately
tabling member	4811 label Biography information for Navendu Mishra

1308971

registered interest
date	14/04/2021
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Mental Capacity
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, if he will undertake an assessment of the effect of the planned introduction of Liberty Protection Standards on the training standards and implementation of the existing Deprivation of Liberty Safeguards process.
tabling member constituency	Stockport
tabling member printed	Navendu Mishra
uin	181142
answer	answer is ministerial correction date of answer 21/04/2021 answer text <p>In July 2020 we set out a target date for implementation of the Liberty Protection Safeguards (LPS) of April 2022. We are working towards public consultation which will inform our plans for full implementation.</p><p>Until the LPS comes into force, it is vital that all bodies with legal duties under the Deprivation of Liberty Safeguards (DoLS) continue to operate these important safeguards to ensure the rights of people without relevant mental capacity are protected. The Department is working with national organisations including Health Education England, the Social Care Institute for Excellence and Skills for Care, to ensure that DoLS training continues until the LPS is implemented. In preparation for the implementation of the LPS, organisations should ensure that staff are also up to date with relevant Mental Capacity Act 2005 training.</p><p> </p> answering member constituency Faversham and Mid Kent answering member printed Helen Whately grouped question UIN 181141 question first answered 21/04/2021 09:42:23 answering member 4527 label Biography information for Helen Whately
tabling member	4811 label Biography information for Navendu Mishra

1243975

registered interest
date	15/10/2020
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Mental Capacity
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, whether he plans to simplify the forms that are used to inform deprivation of liberty safeguards decisions; and if he will make an assessment of the extent to which that process requires people to provide duplicate data on behalf of the person they are helping; and if he will make a statement.
tabling member constituency	Broxbourne
tabling member printed	Sir Charles Walker
uin	104063
answer	answer is ministerial correction date of answer 03/11/2020 answer text <p>Forms for processes under the Deprivation of Liberty Safeguards (DoLS) are not prescribed in law. In 2015 the Department supported the Association of Directors of Adult Social Services and others to simplify and improve recommended forms. The number of forms was reduced from 32 to 13. These are available online should local authorities and others wish to use them to discharge their legal duties under DoLS.</p><p>The Government has published extensive guidance on the application of DoLS during the pandemic. This includes a single, shortened form for requesting an urgent and standard authorisation.</p><p>Although DoLS is due to be replaced by the Liberty Protection Safeguards, until then, it is vital that all bodies with legal duties under DoLS continue to operate these important safeguards to ensure the rights of people without relevant mental capacity are protected.</p> answering member constituency Faversham and Mid Kent answering member printed Helen Whately question first answered 03/11/2020 16:29:04 answering member 4527 label Biography information for Helen Whately previous answer version 55754 answering member constituency Faversham and Mid Kent answering member printed Helen Whately answering member 4527 label Biography information for Helen Whately
tabling member	1493 label Biography information for Sir Charles Walker

1195953

registered interest
date	14/05/2020
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Mental Capacity
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government when they plan to announce the timetable for introducing the Liberty Protection Safeguards, which were established in the Mental Capacity (Amendment) Act 2019.
tabling member printed	Baroness Finlay of Llandaff
uin	HL4499
answer	answer is ministerial correction date of answer 28/05/2020 answer text <p>The Government is acutely aware of the pressures that COVID-19 is exerting on the health and social care sector and will provide an update on the Liberty Protection Safeguards implementation timetable shortly. In the meantime, we are not asking the health and care sector to prioritise implementation work in light of the pandemic.</p> answering member printed Lord Bethell question first answered 28/05/2020 11:38:50 answering member 4708 label Biography information for Lord Bethell
tabling member	3609 label Biography information for Baroness Finlay of Llandaff

1174962

registered interest
date	30/01/2020
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Mental Capacity
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, what the implementation timetable is for the provisions of the Mental Capacity (Amendment) Act 2019.
tabling member constituency	Newport East
tabling member printed	Jessica Morden
uin	10333
answer	answer is ministerial correction date of answer 04/02/2020 answer text <p>The Department is working to implement the Mental Capacity (Amendment) Act 2019 which will replace the Deprivation of Liberty Safeguards system with the Liberty Protection Safeguards (LPS) system, in October 2020.</p><p> </p><p>The Department has worked with health and social care organisations, the third sector, the Local Government Association, the Association of Directors of Adult Social Services, other Government departments, and experts with lived experience to develop chapters of the Liberty Protection Safeguards Code of Practice.</p><p> </p><p>The draft Code of Practice and Regulations for the LPS system will be published for public consultation in the coming months.</p><p> </p><p> </p> answering member constituency Gosport answering member printed Caroline Dinenage question first answered 04/02/2020 16:49:43 answering member 4008 label Biography information for Dame Caroline Dinenage
tabling member	1548 label Biography information for Jessica Morden

1130378

registered interest
date	06/06/2019
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Mental Capacity
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, when he plans to publish the Code of Practice for Liberty Protection Safeguards.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	261206
answer	answer is ministerial correction date of answer 11/06/2019 answer text <p>The Mental Capacity (Amendment) Act received Royal Assent on 16 May 2019. The Department has committed to placing a letter in the Library setting out details of the timescales for the Liberty Protection Safeguards Code of Practice, which it will do shortly.</p> answering member constituency Gosport answering member printed Caroline Dinenage question first answered 11/06/2019 14:59:05 answering member 4008 label Biography information for Dame Caroline Dinenage
tabling member	4058 label Biography information for Paul Blomfield

1124521

registered interest
date	02/05/2019
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Mental Capacity
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, what plans he has in place to ensure that the framework for mental capacity and deprivation of liberty measures are kept under continuous review.
tabling member constituency	York Outer
tabling member printed	Julian Sturdy
uin	250452
answer	answer is ministerial correction date of answer 13/05/2019 answer text <p>The Mental Capacity (Amendment) Bill introduces a new Liberty Protection Safeguards model, which will replace the current Deprivation of Liberty Safeguards. The new model will be set out in a statutory Code of Practice, which will provide guidance to practitioners and individuals. This will include where a deprivation of liberty does and does not apply. The Government has committed to initially reviewing the Code within three years of the new system coming into force and then within five years of any previous review. These reviews will help inform whether the system is working as intended.</p> answering member constituency Gosport answering member printed Caroline Dinenage question first answered 13/05/2019 15:38:33 answering member 4008 label Biography information for Dame Caroline Dinenage
tabling member	4079 label Biography information for Julian Sturdy

1122734

registered interest
date	24/04/2019
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Mental Capacity
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, what representations his Department has received from (a) members of the public and (b) civil society groups on Government policy in relation to mental capacity and deprivation of liberty measures.
tabling member constituency	York Outer
tabling member printed	Julian Sturdy
uin	247027
answer	answer is ministerial correction date of answer 02/05/2019 answer text <p>The Department has received representations from both individuals and civil society groups in relation to mental capacity and deprivation of liberty during the passage of the Mental Capacity (Amendment) Bill through Parliament.</p><p> </p><p>The Mental Capacity (Amendment) Bill has almost completed its Parliamentary process. The Bill replaces the Deprivation of Liberty Safeguards with the Liberty Protection Safeguards. The new system will be simpler and more streamlined and efficient, improving protections for vulnerable people. The Department engaged with the third-sector, health and social care organisations, user-led groups and individuals, including those with learning disabilities and dementia during the Bill’s development and passage through the House and is continuing to engage with the sector to develop the statutory Code of Practice.</p> answering member constituency Gosport answering member printed Caroline Dinenage question first answered 02/05/2019 14:45:19 answering member 4008 label Biography information for Dame Caroline Dinenage
tabling member	4079 label Biography information for Julian Sturdy