Preparing for the liberty protection safeguards

In response to a report from the Law Commission (2017), Parliament enacted the Mental Capacity (Amendment) Act 2019, which will introduce a revised, less bureaucratic scheme to safeguard adults and young persons who are deprived of their liberty in care settings. This will replace the current deprivation of liberty safeguards under schedule A1 of the Mental Capacity Act 2005.

The 2019 Act introduces schedule AA1 to the Mental Capacity Act 2005, which makes provision for a revised scheme to authorise the deprivation of liberty of vulnerable people in any care setting. The purpose of the revised schedule is to enable the care or treatment of a cared-for person that gives rise to a deprivation of liberty and that does not conflict with any mental health arrangements the person may be subject to. The arrangements can include requiring the cared-for person to reside in a particular place or to receive care and treatment in that place. It also can include the means and manner of transport for the cared-for person to, from or between places (schedule AA1 2(3)).