Closed consultation

LPS implementation: draft LPS National Minimum Data Set (England)

Updated 21 June 2022

This was published under the 2019 to 2022 Johnson Conservative government

Applies to England and Wales

The Liberty Protection Safeguards National Minimum Data Set (LPS NMDS) is a list of the data items and corresponding questions that Responsible Bodies will be required to collect, on a regular basis, under the new LPS system. The data set has been developed by considering the requirements for national monitoring and reporting by the monitoring bodies and government which will be set out in regulations.

The data set has been developed to be as streamlined as possible, so as to reduce burden on local authorities and NHS bodies.

The recommended data set covers operational aspects of the LPS process (such as how many, how long, decisions made), demographics and equalities, and outcomes for the person who has been deprived of their liberty. Further guidance will be produced for Responsible Bodies who will be required to input the data, ahead of LPS implementation.

These tables set out the following aspects of the LPS NMDS:

• national questions: there are 19 questions in total. Each question has a number of corresponding data items that Responsible Bodies will have to collect

• national data items: there are currently 30 data items proposed. Each data item is accompanied by a description of what the Responsible Body will have to collect. For some data items, Responsible Bodies will only be able to choose from a drop-down list of options (referred to as ‘look-up tables’)

LPS national questions

Question	Data item
1. How many new LPS processes were triggered in the reporting period with each Responsible Body?	1, 4, 5, 13
2. How many people had one or more LPS processes triggered with each Responsible Body in the reporting period?	1, 4, 5, 13
3. How many authorisation decisions were made in the reporting period, by Responsible Body type?	1, 4, 5, 20, 21
4. Of those LPS processes where an authorisation decision has been made in the reporting period, how many were authorised, by initial/renewal, and by length of authorisation/renewal period?	1, 2, 3, 4, 5, 21, 23, 24, 25
5. How many people were involved in new authorisations in the reporting period?	1, 2, 4, 5, 20, 21
6. Of those LPS processes where an authorisation decision was made in the reporting period, how many were not authorised, by reason?	1, 4, 5, 20, 21, 22
7. How many proposed arrangements were still awaiting an authorisation decision at the end of the reporting period (including decisions made about LPS processes triggered in previous reporting periods and applications for authorisation made under a previous system), by time from start of the process?	1, 4, 5, 13, 14, 20
8. How many LPS processes were triggered in the reporting period in relation to each type of location? (location ID to be used to identify the location type.)	1, 4, 5, 6, 13
9. Of those LPS processes where an authorisation decision has been made, how many were authorised/not authorised authorisations in the reporting period by type of location? (location ID to be used to identify the location type.)	1, 4, 5, 6, 20, 21
10. How many LPS authorisations included multiple locations and/or location types	1, 4, 5, 7
11. How many: a) LPS episodes were triggered; b) arrangements were authorised/not authorised under the LPS by the Responsible Body in the reporting period, by age, sex, ethnic origin, disability, sexual orientation?	1, 4, 5, 8, 9, 10, 11, 12, 13, 20, 21
12. How many LPS authorisations are currently in place? (date of the end of reporting period to be used in analysis, but does not need to be recorded or submitted by the Responsible Body)	1, 4, 5, 23, 24, 25
13. Of all LPS authorisation decisions in the reporting period, how many pre-authorisation reviews required an AMCP, and for what reason?	1, 4, 5, 18, 19, 20, 21
14. How many LPS processes had an appropriate person or an IMCA allocated, and if an IMCA, for what reason?	1, 4, 5, 15, 16, 17 – category 1, 2, 3 or 4
15. How many people had an IMCA appointed by each Responsible Body, by reason and by age, sex, ethnic origin, disability or sexual orientation. Are there any regional or demographic differences in the use of IMCAs? (location ID to be used to identify the location type.)	1, 4, 5, 6, 8, 9, 10, 11, 12, 16, 17 – category 1, 2, 3 or 4
16. How many LPS authorisations had neither an appropriate person nor an IMCA, and if no IMCA, for what reason?	1, 4, 5, 15, 16, 17 – category 5, 6, 7, or 8
17. How many LPS authorisations were challenged via the Court of Protection under section 21ZA in the reporting period, and how many completed?	1, 4, 5, 27
18. Is LPS improving outcomes for people through the LPS process? (role of person’s wishes and feelings and whether the person or their representative feels that they were, or were not, taken account of during the LPS process)	1, 4, 5, 28
19. Are Responsible Bodies meeting the timescales around sending the authorisation record to people within 72 hours? If not, what is the reason?	1, 4, 5, 29, 30

National Minimum Data Set

Data item	Description or look-up table categories
1. LPS episode reference ID	Alphanumeric field - this should be automatically generated. To be unique to every instance of an LPS application for a new authorisation (or investigation into whether an authorisation could be granted).
2. Initial/renewal authorisation	0 = Authorisation decision not yet made or initial authorisation period not yet started 1 = Initial authorisation 2 = Renewal 3 = Initial authorisation of a DoL previously authorised under DoLS 4 = Initial authorisation of a DoL previously authorised by the Court of Protection
3. If renewal, renewal number	This is the number of the renewal under LPS.
4. NHS number	Alphanumeric field - NHS number
5. Responsible Body reference ID	5 character NHS Digital (NHSD) reference ID for local authority / CCG / NHS trust (ANANA) NHSD use unique code ranges for local authority ASC, CCGs and NHS trusts. Children’s services generally use a different 3-character local authority code, so this will need converting, either in their systems or when the data is being exported and combined with ASC data for regular reporting.
6. Location ID reference for the current or proposed setting included in the proposed or authorised arrangements	13-character alphanumeric field - multiple entries will be required, where more than one location is included in the authorisation. - CQC location ID - Ofsted unique reference number - DfE number - non-regulated/other setting reference ID, dummy code
7. Total number of separate locations/settings included in the authorised arrangements	Numeric field - enter the number of locations as a whole number
8. Date of birth	Date field - DD MM YYYY
9. Sex	1 = Male 2 = Female
10. Ethnic origin	1 = White Optional sub-category = 1. English/Welsh/Scottish/ Northern Irish/British 2. Irish 3. Gypsy or Irish Traveller 4. Any other White background 2 = Mixed/Multiple ethnic groups Optional sub-category = 1. White and Black Caribbean 2. White and Black African 3. White and Asian 4. Any other Mixed/Multiple ethnic background 3 = Asian/Asian British Optional sub-category = 1. Indian 2. Pakistani 3. Bangladeshi 4. Chinese 5. Any other Asian background 4 = Black/African/Caribbean/ Black British Optional sub-category = 1. African 2. Caribbean 3. Any other Black/African/Caribbean background 5 = Other ethnic group Optional sub-category = 1. Arab 2. Any other ethnic group 6 = Prefers not to say 7 = Not Known
11. Disability – multiple entries allowed	1 = Mental disorder: learning disability 2 = Mental disorder: autism 3 = Mental disorder: acquired brain injury 4 = Mental disorder: mental health needs - dementia 5 = Mental disorder: mental health needs - other 6 = Mental disorder: other 7 = Physical impairment: sensory 8 = Physical impairment: other 9 = Other disability not previously listed 10 = No disability 11 = Prefers not to say 12 = Not known
12. Sexual orientation	1 = Heterosexual/straight 2 = Gay/lesbian 3 = Bisexual 4 = Other sexual orientation 5 = Prefers not to say 6 = Not known
13. Date LPS episode triggered	Date field - DD MM YY
14. Where the process originally started as an application under the DoLS system, or as preparation for an application to the Court of Protection, the date of that application or the start of the preparation for the Court.	Date field - DD MM YY
15. Appropriate person representing and supporting the person	0 = No 1 = Yes
16. IMCA appointed/not appointed	0 = No 1 = Yes
17. Reason IMCA appointed or not appointed	1 = IMCA allocated - the cared for person requested the IMCA 2 = IMCA allocated - the cared for person lacks capacity but it is in their best interests to have an IMCA 3 = IMCA allocated - the appropriate person had requested an IMCA 4 = IMCA allocated - the appropriate person lacks capacity to request an IMCA but it is in the cared for person’s best interests to have an IMCA 5 = IMCA not allocated - the cared-for person has an appropriate person and they have capacity but have not requested an IMCA 6 = IMCA not allocated - the cared-for person has no appropriate person but they have capacity and have not requested an IMCA 7 = IMCA not allocated - the cared-for person has no appropriate person and lacks capacity to request an IMCA, but the Responsible Body is satisfied that it is not in their best interests to appoint an IMCA. 8 = IMCA not allocated - the Responsible Body has taken steps to appoint an IMCA but an IMCA has not been successfully appointed
18. Pre-authorisation review completed by	1 = Standard reviewer 2 = AMCP 0 = Not yet had pre-authorisation review
19. If AMCP required to undertake the pre-authorisation review, reason code – multiple entries allowed	1 = S24(2) a: the arrangements provide for the cared-for person to reside in a particular place, and it is reasonable to believe that the cared-for person does not wish to reside in that place 2 = S24(2) b: the arrangements provide for the cared-for person to receive care or treatment at a particular place, and it is reasonable to believe that the cared-for person does not wish to receive care or treatment at that place 3 = S24(2) c: the arrangements provide for the cared-for person to receive care or treatment mainly in an independent hospital 4 = S24(2) d: the case is referred by the Responsible Body to an Approved Mental Capacity Professional and that person accepts the referral. 0 = No AMCP
20. Authorisation status	1 = Decision is “Arrangements Authorised” 2 = Decision is “Arrangements Not Authorised” 0 = Decision not yet made by Responsible Body
21. Authorisation decision / signatory date	Date field - DD MM YY If no authorisation decision is yet reached, leave blank
22. If decision is “Arrangements Not Authorised”, reason for this – multiple entries allowed	0 = Not applicable 1 = Authorisation Conditions Not Met (Mental Capacity) 2 = Authorisation Conditions Not Met (Mental Disorder) 3 = Authorisation Conditions Not Met (Necessary and Proportionate) 4 = Schedule Does Not Apply (Age) 5 = Schedule Does Not Apply (Excluded under Part 7) 6 = Schedule Does Not Apply (Arrangements do not amount to a deprivation of liberty) 7 = Death of person, so deprivation of liberty no longer needed. 8 = Change of setting or circumstances other than death of person 9 = Other (including change of Responsible Body for whatever reason)
23. Start date of Authorisation Period	Date field – if authorisation is granted enter in valid Microsoft date format, otherwise, leave blank
24. Planned end date	Date field – if planned end date set, enter in valid Microsoft date format, otherwise, leave blank
25. Actual end date	Date field - if authorised period has ended please enter in valid Microsoft date format, otherwise, leave blank
26. Reason for actual end of authorisation	1 = Authorisation period completed and not renewed 2 = Circumstances have changed requiring new arrangements, assessments and determinations 3 = Authorisation conditions are no longer met or Schedule AA1 no longer applies 4 = Arrangements are no longer in accordance with mental health requirements. 5 = Death of client 0 = Not yet ended (includes those where authorisation period has not yet started)
27. Where relevant, is there a S21ZA application to the Court of Protection?	Single character numeric field - limited between 0 and 2, with sub-category date fields 0 = No 1 = Yes application made but not yet completed Sub-category date field DD MM YYY = Date of application 2 = Yes application completed Sub-category date field DD MM YYY = Date completed
28. Outcomes for the person in terms of wishes and feelings being taken account of during the LPS process	Single character numeric field - where process not yet completed, or the question has not yet been asked, leave blank. 1 = I feel that my wishes or feelings in relation to the arrangements were taken into account as much as possible during the LPS process 2 = I feel that my wishes or feelings in relation to the arrangements were not taken into account as much as possible during the LPS process 3 = As appropriate person/IMCA I feel that the person’s wishes or feelings in relation to the arrangements were taken into account as much as possible during the LPS process 4 = As appropriate person/IMCA I feel that the person’s wishes or feelings in relation to the arrangements were not taken into account as much as possible during the LPS process 5 = Prefers not to say 0 = No views expressed by the person or their representative (includes those who have not yet been asked)
29. The Responsible Body has arranged for the authorisation record to be given or sent to the person and their representatives within 72 hours of arrangements being authorised	0 = No 1 = Yes
30. If the Responsible Body has not arranged for the authorisation record to be given or sent to the person and their representatives within 72 hours of arrangements being authorised, the reason for delay	1 = Given or sent within 72 hours 2 = Not given or sent in 72 hours - Staff capacity (including temporary sickness) 3 = Not given or sent in 72 hours - Bank Holidays 4 = Not given or sent in 72 hours - ICT failure 5 = Not given - Admin error 0 = Arrangements not authorised