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Replacing the DoLS Regime

The long road to replacing the current Deprivation of Liberty Safeguards (DoLS) has just passed another milestone, with the legislative framework for the new Liberty Protection Safeguards having now received Royal Assent.

Care Homes:

Whilst care homes will not be doing the actual authorising under the Liberty Protection Safeguards, the responsible body (i.e. either the Local Authority or, if the care is CHC-funded, the CCG) can decide to delegate much of the work needed to get to the stage of authorisation to the care home manager – including organising assessments (although not actually doing them), carrying out consultation, putting together the draft authorisation record and reviewing the authorisations once granted. Again, the details of how this will work in practice are likely to be covered in the regulations and Code of Practice to come.

What next?

The next step is likely to be the publication of draft regulations and a draft Code of Practice for consultation. There are no firm timescales for this yet, but we might be looking at summer/autumn this year. What is the timescale for all this coming into effect? Commentators have anticipated Spring 2020, but this appears optimistic.

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