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Could Liberty Protection Safeguards delay lead to a better outcome after all?

14 July 2023

The Liberty Protection Safeguards delay could lead to a better outcome. Judge Eldergill suggests.

Professor Anselm Eldergill, a judge in the Court of Protection, recently published a note setting out his personal views on both the Liberty Protection Safeguards (LPS), and reform of the Mental Health Act 1983.

Judge Eldergill expressed the view that “the postponement of the LPS scheme is on balance a positive development given the weaknesses in the legislation.” He goes on to state that the current system could be more simply overhauled through the use of secondary legislation.

As it currently stands the government announced last October that implementation of the new LPS scheme would be delayed until the next parliament. Judge Eldergill suggests this delay provides an opportunity for “a small Commission of experienced MHA practitioners to review the work that has been done and to draft themselves a completely new Bill” to address the weaknesses of both the LPS and the MHA 1983.

Judge’s Eldergill’s full note is available via LinkedIn.

If you have any questions or we can assist, please contact Janice Jefferies or any other member of the Health and Care team 0114 267 5588.

You can also keep up to date by following Wrigleys Health and Care team on Twitter.

The information in this article is necessarily of a general nature. The law stated is correct at the date (stated above) this article was first posted to our website. Specific advice should be sought for specific situations. If you have any queries or need any legal advice please feel free to contact Wrigleys Solicitors.




Janice Jefferies View Biography

Janice Jefferies

FCILEx (Lawyer)

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