Agenda item

To consider the proposed restructure of the social work service that forms part of the Adult Social Care directorate in preparation for the implementation of the new Liberty Protection Safeguards (LPS).

Resolved that:

1.1             That approval be given:

1.               To note the requirement to introduce Liberty Protection Safeguards (LPS) from a date to be determined by the Department of Health and Social Care (DHSC) following their announcement that this will be delayed from the original date of 1 April 2022.

2.                To endorse the implementation plan in preparation for the introduction of the new Liberty Protection Safeguards.

3.                To the revised structure for social work service, as set out in table in the Cabinet Report, to enable the council to prepare for the implementation of LPS, and to recruit to the required posts:

The staffing and commissioned resources in the current DoLS team have been repurposed as detailed in the table in Cabinet Report, in line with the proposed staffing model and requirements to support implementation of the LPS.

4.               To the commencement of the required consultation with the affected workforce and Trade Unions

5.               To authorise the Director of Adult Social Care, to implement the new structure and make any minor modifications required following the guidance from the code of practice on the Mental Capacity Act and LPS.

6.               To note that additional funding for Advocacy Support (Independent Mental Capacity Advocates) for the implementation of Liberty Protection Safeguards is likely to be required.

7.               To agree to provide a further report on progress and financial implications before October 2022 and to confirm any new timescales for the introduction of LPS and its implementation once agreed by DHSC.

1.2             That the Director of Adult Social Care, be authorised to implement the new structure in preparation for Liberty Protection Safeguards.

Approval was sought to introduce Liberty Protection Safeguards (LPS) at a date to be determined by the Department of Health and Social Care (DHSC) and to endorse the implementation plan in preparation for the introduction of LPS.

Approval was sought for the revised structure for social work service to enable the council to prepare for the implementation of the Liberty Protection Safeguards (LPS).

In response to a question by the Chair of Children and Education Scrutiny Board regarding the possibility of introducing a requirement for people with Power of Attorney,  over the person to be assessed, to contribute towards the cost of the assessment,the Cabinet Member for Adults, Social Care and Health confirmed no such changes were planned at the present time and that there were no charges to be levied in relation to assessments within the Liberty Protection Safeguards.

Reason for Decision

The Council was required to introduce Liberty Protection Safeguards in line with the Mental Capacity (Amendment) Act Bill from a date to be determined by the Department of Health and Social Care (DHSC).

The proposed restructure of the social work service that formed part of the Adult Social Care directorate in preparation for the implementation of the new Liberty Protection Safeguards (LPS) was sought in order to place an emphasis on the delivery of services and the statutory duty the Council had to ensure that people in all types of settings received appropriate care and treatment without unlawful deprivation of their liberty, freedom, or rights.

The LPS was sought to ensure that restricted care for a person in any care setting from the age of 16 years old and over would only be arranged if this was assessed as ‘necessary and proportionate’ and within a legal framework, and that this was only done when it was in the best interests of the person and where all other less restrictive options had been considered.

Alternative Options Considered

The alternative option was to continue with the current staffing structure.  However, this was not deemed feasible or legally viable option for the council because:

·      this would reduce the ability of the Authority to successfully implement the forthcoming legislation and meet its statutory obligations around safeguarding Adults who were being deprived of their liberty;

·      this would reduce the Authority’s capacity to respond in a timely way to concerns raised around safeguarding Adults who were being deprived of their liberty leading to waiting lists for statutory assessments. It would also not allow the Council to respond to the wider remit of the LPS legislation and projected increased demand.

Agreed:-

(1)     that approval be given:

(a)     to note the requirement to introduce Liberty Protection Safeguards (LPS) from a date to be determined by the Department of Health and Social Care (DHSC) following their announcement that this will be delayed from the original date of 1 April 2022;

(b)     to endorse the implementation plan in preparation for the introduction of the new Liberty Protection Safeguards;

(c)     to the revised structure for social work service as set out below, to enable the council to prepare for the implementation of LPS, and to recruit to the required posts:-

Deprivation of Liberty Team

Roles to be converted -

New Liberty Protection Safeguards Team

Roles to be created -

Community Social Work Teams

Roles to be created –

The staffing and commissioned resources in the current DoLS team have been repurposed as in the table below in line with the proposed staffing model and requirements to support implementation of the LPS.

(d)     to the commencement of the required consultation with the affected workforce and Trade Unions;

(e)     to authorise the Director of Adult Social Care, to implement the new structure and make any minor modifications required following the guidance from the code of practice on the Mental Capacity Act and LPS;

(f)      to note that additional funding for Advocacy Support (Independent Mental Capacity Advocates) for the implementation of Liberty Protection Safeguards is likely to be required;

(g)     to agree to provide a further report on progress and financial implications before October 2022 and to confirm any new timescales for the introduction of LPS and its implementation once agreed by DHSC;

(2)     that the Director of Adult Social Care, be authorised to implement the new structure in preparation for Liberty Protection Safeguards.