When the replacement to the Deprivation of Liberty (DoLS) scheme was being considered by the Law Commission and then Parliament, it became apparent that the intention was for the replacement scheme, Liberty Protection Safeguards to be considered at the care planning stage. This of course was the intention of the DoLS scheme but since the Cheshire West case this has occurred less and less as the backlog of people waiting for authorisations has increased significantly.
Under the Liberty Protection Safeguards, the responsible body will authorise the arrangements and it will come into effect immediately. However, if necessary, they can delay the start date of the authorisation for up to 28 days. Once authorised, it will cease after 12 months or sooner if a shorter authorisation was specified by the responsible body at the time the arrangements were authorised. It will also cease if;
If an authorisation hasn’t expired, it can be renewed. Initially this can be for a maximum of 12 months although subsequent authorisations can, in certain circumstances, be for up to 3 years. If the arrangements are care home arrangements, the responsible body may renew the authorisation if the care home manager provides a written statement which confirms that; the authorisation conditions continue to be met, it is unlikely that there will be any significant change in the cared-for person’s condition during the renewal period which would affect whether those conditions are met and the care home manager has carried out consultation with the necessary people.