Mental Capacity

(asked on 14th October 2024) - View Source

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether he has (a) made an assessment of the potential merits of introducing the Liberty Protection Safeguards and (b) had discussions with relevant stakeholders on a timetable for replacing the Deprivation of Liberty Safeguards with the Liberty Protection Safeguards.


Answered by
Stephen Kinnock Portrait
Stephen Kinnock
Minister of State (Department of Health and Social Care)
This question was answered on 30th October 2024

The implementation of the Liberty Protection Safeguards was paused by the previous government. The previous government decided to focus on other priorities. No assessment has been made of the potential merits of introducing the Liberty Protection Safeguards and there have been no discussions about a timetable to replace the Deprivation of Liberty Safeguards at this time.

We do, however, recognise the vital importance of protecting the rights of people who lack mental capacity to consent to their care arrangements, and we are determined to tackle the challenges facing adult social care and to stabilise the system. In addressing these challenges, we will engage a wide range of adult social care stakeholders including people with lived experience of care and their families.

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