Guidance

Liberty Protection Safeguards: criteria for authorisation

Updated 3 August 2021

Applies to England and Wales

皇冠体育app Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are, or who need to be, deprived of their liberty in order to enable their care or treatment and who lack the mental capacity to consent to their arrangements.

People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity.

Under the LPS, the following steps must be taken for the Responsible Body to authorise arrangements which amount to a deprivation of liberty:

  1. 皇冠体育app Responsible Body has complied with its duty to appoint an appropriate person or independent mental capacity advocate (IMCA).
  2. 皇冠体育app person, and certain others, have been consulted as far as is practicable and appropriate, about the person鈥檚 wishes or feelings.
  3. 皇冠体育app 3 assessments and determinations have been carried out.
  4. A pre-authorisation review has been carried out, and the appropriate determination made.
  5. 皇冠体育app Responsible Body is satisfied that an authorisation should be given.

皇冠体育app authorisation conditions

Once the LPS process has been triggered, the Responsible Body should determine whether the 3 authorisation conditions are met. 皇冠体育appse are:

  1. 皇冠体育app person lacks the relevant capacity to consent to the arrangements.
  2. 皇冠体育app person has a mental disorder, as defined by the Mental Health Act 1983.
  3. 皇冠体育app arrangements are necessary and proportionate, that is, the arrangements are necessary to prevent harm to the person and proportionate to the likelihood and seriousness of the risk of harm to the person.

To determine whether the authorisation conditions are met, there are 3 assessments and determinations which must be carried out:

  1. 皇冠体育app capacity assessment and determination.
  2. 皇冠体育app medical assessment and determination.
  3. 皇冠体育app necessary and proportionate assessment and determination.

Consultation

Before the arrangements to deprive someone of their liberty can be authorised, the Responsible Body must ensure the following people are consulted to ascertain the person鈥檚 wishes or feelings about the proposed arrangements:

  • the person themselves
  • anyone named by the person as someone who should be consulted
  • anyone engaged in caring for the person or interested in the person鈥檚 welfare
  • any attorney of a lasting power of attorney (LPA) or an enduring power of attorney (EPA) granted by the person
  • any deputy appointed by the Court of Protection
  • any appropriate person
  • any IMCA

Pre authorisation review and authorisation

Once the consultation and assessments and determinations have taken place, a pre-authorisation review will be completed. During the pre-authorisation review, all available evidence should be evaluated. 皇冠体育app Responsible Body can then decide whether to authorise the arrangements or not.