![]() ![]() LIBERTY SAFE PROFESSIONALWhere it is reasonable to believe that a person would not wish to reside or receive care or treatment at the specified place, or the arrangements provide for the person to receive care or treatment apply mainly in an independent hospital, the case must be considered by an approved mental capacity professional ( AMCP). Family members or others close to the person will also be able to raise concerns throughout the process and in response to any authorisation. There will be an opportunity for a family member or someone else close to the person, if they are willing and able, to represent and support the person through the process as an “appropriate person”. There will be an explicit duty to consult those caring for the person and with those interested in the person’s welfare. Ultimately, the Responsible Body is responsible for authorising any deprivation of liberty in certain settings. ![]() Responsible Bodies will organise the assessments needed under the scheme and ensure that there is sufficient evidence to justify a case for deprivation of liberty. Local authorities and NHS bodies will be ‘Responsible Bodies’ under the Liberty Protection Safeguards. The assessment process will be embedded into existing care planning (for example under the Care Act 2014) and it will be easier to use existing valid assessments, where reasonable and appropriate. a ‘necessary and proportionate’ assessment to determine if the arrangements are necessary to prevent harm to the person and proportionate to the likelihood and seriousness of that harm.a ‘medical assessment’ to determine whether the person has a mental disorder.Three assessments will form the basis of the authorisation of Liberty Protection Safeguards: Key changes introduced by the Liberty Protection Safeguards 1. The Liberty Protection Safeguards are planned to come into force in April 2022. The Liberty Protection Safeguards have been designed to put the rights and wishes of those people at the centre of all decision-making on deprivation of liberty. The Liberty Protection Safeguards will deliver improved outcomes for people who are or who need to be deprived of their liberty. The Liberty Protection Safeguards were introduced in the Mental Capacity (Amendment) Act 2019 and will replace the Deprivation of Liberty Safeguards ( DoLS) system. People who might have a Liberty Protection Safeguards authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. The Liberty Protection Safeguards will provide protection for people aged 16 and above who are or who need to be deprived of their liberty in order to enable their care or treatment and lack the mental capacity to consent to their arrangements. ![]()
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