Thomas Jones advises on the implementation of the Liberty Protection Safeguards

2 Jan, 2020

Thomas has returned to Chambers following a secondment to the Welsh Government, where he was principally responsible for advising on the implementation of the Liberty Protection Safeguards.

The Mental Capacity (Amendment) Act 2019 introduces the Liberty Protection Safeguards (LPS), which are due to replace the Deprivation of Liberty Safeguards (DOLS) in October 2020. The LPS establish a process for authorising arrangements enabling care or treatment which give rise to a deprivation of liberty within the meaning of article 5 of the European Convention on Human Rights, where the person lacks capacity to consent to the arrangements. The LPS also provide for safeguards for people subject to the scheme, such as the right to challenge the authorisation in the Court of Protection.

The LPS will run alongside the DOLS for one-year, which will allow those subject to a DOLS to be transferred onto the LPS.

Tom provided advice to the Welsh Ministers on the legal accuracy of the LPS Code of Practice, which will be published for public consultation in early 2020. He also provided ad hoc legal advice on the functioning of the LPS and the changes which will be necessary in order to make the scheme work for Wales. 

Prior to joining Chambers, Tom worked for the Law Commission on its review into the Deprivation of Liberty Safeguards. The UK Government responded to the Law Commission’s review by agreeing that the DOLS system should be replaced as a matter of urgency. The Mental Capacity (Amendment) Act 2019, replacing the DOLS with the LPS, received Royal Assent in May 2019.

Thomas’ profile is available here


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