Consultation on the Liberty Protection Safeguards Code of Practice and Guidance 2022

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Consultation has concluded

SCOPE

The purpose of this questionnaire is to collate responses to create a Southend City Council response to the consultation which sets out proposed updates to the Mental Capacity Act (MCA) Code of Practice and introduces the Liberty Protection Safeguards (LPS) secondary legislation. The Consultation also covers workforce guidance related to the implementation of the LPS. This is a joint consultation published by Department for Health and Social Care (DHSC) and the Ministry of Justice (MoJ). The LPS will apply to 16 and 17-year-olds, and the Department for Education (DfE) has been involved in the development of this new system. All three Departments will be working together to successfully implement the LPS. The Code applies in both England and Wales.

OVERVIEW

The new proposed Code is one overarching document which includes existing and updated guidance from the current Code and new LPS guidance. We understand that some respondents will have a particular interest in the broader MCA updates and others in the new LPS guidance. In this consultation document, we have therefore split the Code Chapters into three grouped sections:

• Section 1 covers the proposed updates to the existing chapters within the MCA Code of Practice

• Section 2 covers the proposed updates to the existing chapters that now include new LPS guidance

• Section 3 covers the new chapters which contain the LPS guidance only

Please see below surveys relating to each section.


RESPONSE GUIDANCE

When responding to questions, we ask that you keep your response related to the issue raised by the question. This will help ensure that the feedback you provide will be considered in context after the consultation period ends.

The Code provides guidance for a wide range of people, including professionals, the person, and their family and friends, but may not cover every possible situation that may be relevant. We ask that you keep this in mind when responding to the consultation. If you think that there is a key gap in the draft Code or that the Code could be better illustrated with an example scenario, you can provide this information at Question 8 survey part 3.

This is the Consultation Document link Click here for document, please use this in order to formulate your responses to consultation questions in this Questionnaire.

“This consultation is for Southend City Council internal staff who have involvement in this area or where the changes affect their practice”. If you have any feedback or enquiry surrounding this consultation, please email Juliethompson@southend.gov.uk.”

“Please note that by taking part in this survey, we may contact you to follow-up regarding your responses.”

SCOPE

The purpose of this questionnaire is to collate responses to create a Southend City Council response to the consultation which sets out proposed updates to the Mental Capacity Act (MCA) Code of Practice and introduces the Liberty Protection Safeguards (LPS) secondary legislation. The Consultation also covers workforce guidance related to the implementation of the LPS. This is a joint consultation published by Department for Health and Social Care (DHSC) and the Ministry of Justice (MoJ). The LPS will apply to 16 and 17-year-olds, and the Department for Education (DfE) has been involved in the development of this new system. All three Departments will be working together to successfully implement the LPS. The Code applies in both England and Wales.

OVERVIEW

The new proposed Code is one overarching document which includes existing and updated guidance from the current Code and new LPS guidance. We understand that some respondents will have a particular interest in the broader MCA updates and others in the new LPS guidance. In this consultation document, we have therefore split the Code Chapters into three grouped sections:

• Section 1 covers the proposed updates to the existing chapters within the MCA Code of Practice

• Section 2 covers the proposed updates to the existing chapters that now include new LPS guidance

• Section 3 covers the new chapters which contain the LPS guidance only

Please see below surveys relating to each section.


RESPONSE GUIDANCE

When responding to questions, we ask that you keep your response related to the issue raised by the question. This will help ensure that the feedback you provide will be considered in context after the consultation period ends.

The Code provides guidance for a wide range of people, including professionals, the person, and their family and friends, but may not cover every possible situation that may be relevant. We ask that you keep this in mind when responding to the consultation. If you think that there is a key gap in the draft Code or that the Code could be better illustrated with an example scenario, you can provide this information at Question 8 survey part 3.

This is the Consultation Document link Click here for document, please use this in order to formulate your responses to consultation questions in this Questionnaire.

“This consultation is for Southend City Council internal staff who have involvement in this area or where the changes affect their practice”. If you have any feedback or enquiry surrounding this consultation, please email Juliethompson@southend.gov.uk.”

“Please note that by taking part in this survey, we may contact you to follow-up regarding your responses.”

  • Survey part 1

    Contents:

    Section 1: Proposed updates to the existing chapters in the Code Section 1 covers chapters 4 to 6, 8 to 9,11, 23, and 25 to 26 of the Code. These chapters exist in the current MCA Code, but in the proposed new draft, include updates to the existing Code guidance. In the main, these chapters do not offer guidance about the LPS.

    Section 2: Proposed updates to existing chapters that now include LPS guidance in the Code Section 2 covers chapters 3, 7, 10, 21 to 22, and 24 of the Code. These chapters exist in the current MCA Code, but in the proposed new draft, include updates to the existing Code guidance and new guidance relating to the LPS. 


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  • Survey part 2

    Section 3: The new chapters which contain LPS guidance in the Code Section 3 covers chapters 12 to 20 of the Code. These chapters do not exist in the current MCA Code, and offer new guidance about the LPS in the new, proposed MCA Code.


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  • Survey part 3

    Section 4: The draft LPS regulations Section 4 covers the draft LPS regulations and includes questions (17 to 19) about them. The responses to these questions will be of particular interest to DHSC

    Section 5: Putting the Code into practice and implementing the LPS Section 5 covers the entire MCA Code and documents and questions (20 to 25) related to the implementation of the LPS. The responses to these questions will be of interest to both DHSC and MoJ


    Consultation has concluded
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