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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
