Impact assessment: Impact assessment of the Mental Capacity (Amendment) Act 2019

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The Liberty Protection Safeguards (LPS) were introduced in the Mental Capacity (Amendment) Act 2019. LPS will provide the framework to determine whether a deprivation of liberty is necessary and proportionate for the care or treatment of an individual who lacks the mental capacity to consent to their arrangements, in England and Wales. They will replace the Deprivation of Liberty Safeguards (DoLS) system, which was found to be bureaucratic and too complex by a House of Lords Committee in 2014.

This impact ssessment is an updated assessment of the Mental Capacity (Amendment) Act 2019. It provides an assessment of DoLS at present and fully funded, as well as for LPS as set out in the act.

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