Target group
All stakeholders, including staff in health, care, education or other services, who may in the course of their
work encounter a person who might lack the capacity to consent to arrangements that may give rise to a
deprivation of their liberty, and who require general awareness of the LPS within the context of the wider
MCA. This competency group may include non-operational roles that would benefit from a general
understanding of the LPS and other roles, including carers, family, friends or advocates of a person who is
subject to the LPS process and may wish to learn more about it.
Competency Group A:
1A1 Understand what a human right is.
1A2 Be aware of the European Convention on Human Rights (ECHR) and the UK commitment to its
implementation, and that it has a number of "articles" relating to specific rights (inc. Article 5 - right to liberty).
1A3 Be aware of the United Nations "Convention on the Rights of Persons with Disabilities" (UNCPRD) and the
UK commitment to its implementation.
1A4 Understand broadly the key aims of Human Rights legislation, inc. the UK Human Rights Act 1998 and
Equality Act 2010. 1A5 Be aware that the Mental Capacity Act (MCA), inc. the Liberty Protection Safeguards
(LPS), is part of wider HR protection. 1A6 Be aware that the LPS are a protection of basic rights to liberty -
“Article 5 rights”.
1A7 Understand how to recognise when someone's rights are abused.
1A8 Know what to do if someone's human rights are abused.
1A9 Understand the importance of inc. the person and those who are interested in the person’s welfare in any
decision-making.
2A1 Understand what mental capacity means, in terms of making decisions and giving or withholding consent.
2A2 Remember the 5 key principles of the MCA, and broadly how they apply within the LPS.
2A3 Understand what supported decision-making is and how to promote this.
2A4 Understand that decision-making is an important skill, which some people, especially young people, may
not yet have had the opportunity to develop.
2A5 Recognise the importance of supporting people to make their own decisions, inc. the importance of
positive risk enablement and developing resilience by learning from poor decisions.
2A6 Be aware that with appropriate communication strategies people may be able to learn to make their own
decisions about arrangements for care and support.
2A7 Understand what “decision-specific” and “time-specific” means when referring to a person’s mental
capacity. 2A8 Understand the MCA concept of Best Interests decision-making.
2A9 Be aware that the LPS scheme is the part of the MCA that is used in England and Wales to authorise a dol.
2A10 Understand that a wide range of conditions may lead to a loss of mental capacity to make specific
decisions - for example, dementia, acquired brain injury, a learning disability, autism, and some mental health
disorders. Understanding also that there is a presumption that people have the capacity to make their own
decisions, unless there is a proper reason to doubt this, in which case it is necessary to assess the person’s
capacity.
3A1 Be able to summarise the LPS process.
3A2 Understand the importance of explaining the LPS process and what to expect, to the person, their family
and the Appropriate Person.
3A3 Recognise the duty of local authorities, NHS Trusts and ICBs (and Local Health Boards) to provide
information on the LPS process in their area.
3A4 Be aware that LPS can apply in any setting, including settings that are not regulated care settings and that
an authorisation can include more than one setting, not only where a person lives.
3A5 Know that everyone involved in the LPS must keep the person at the centre of the process.
3A6 Understand that the person at the centre has a right to representation and support as part of the LPS,
from either an Independent Mental Capacity Advocate (IMCA) or an Appropriate Person.
3A7 Understand the role of the Appropriate Person, inc. the responsibility to support the person to challenge
the authorisation, if they wish to, and to challenge the authorisation themselves in other cases.
3A8 Be aware of the role of the IMCA, inc. the responsibility to support the person to challenge the
authorisation, if they wish to, to challenge the authorisation themselves in other cases, where relevant, to
support the Appropriate Person with their role.
3A9 Recognise the benefits of early identification of a dol to improve the chances of finding alternative
arrangements, which may prevent a dol occurring.
3A10 Understand that the LPS require consultation with specified individuals, who may be familiar with the
wishes and feelings of the person at the centre.
3A11 Understand that a decision to authorise a dol is not “for life” and should be revisited regularly, through
scheduled reviews and, only where appropriate, renewed.
3A12 Understand that it is the role of the Responsible Body to arrange for assessments of the person to
determine if they meet the conditions for the authorisation of a dol.
3A13 Recognise the different settings where the LPS scheme is relevant across all ages. For young people this
will include foster homes, children’s homes, including secure homes, care homes, schools and colleges (inc.
residential special schools and colleges), hospitals, transport providers and other settings where arrangements
amounting to a dol may be authorised.
4A1 Recognise a possible dol.
5A1 Be aware that although the MCA applies for people aged 16 and above, it is essential to introduce its
provisions (particularly the importance of starting with a presumption of capacity, and the legal duty to
support the young person to make their own decision whenever possible) to parents, carers and others in
advance of the young person attaining the age of 16, to enable the MCA to be taken into account during
planning.
5A2 Be aware that depriving a person aged 16 or above of their liberty without authorisation is unlawful and
that a LPS authorisation may be needed even if other legal powers are already in place, e.g., orders under the
Children Act 1989.
5A3 Be able to support those with parental responsibility to understand the broad legal requirement that any
deprivation of liberty must be authorised under the LPS, once a young person reaches the age of 16 and that a
parent cannot consent to this on their behalf.
5A4 Recognise the importance of family, and what this might mean for young people.
5A5 Have a broad understanding of agencies (inc. children's services, education, health) that may be involved
with young people where mental capacity is an issue.
5A6 Recognise that any dol authorisation needs to be considered as part of assessment, care planning and
transition planning for a young person.
Reference link Department of Health and Social Care