Liberty Protection Safeguards: the approved mental capacity professional role
Updated 3 August 2021
Applies to England and Wales
© Crown copyright 2021
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/liberty-protection-safeguards-factsheets/liberty-protection-safeguards-the-approved-mental-capacity-professional-role
The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are, or who need to be, deprived of their liberty to enable their care or treatment and who lack the mental capacity to consent to their arrangements.
People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity.
The approved mental capacity professional (AMCP) is a new, specialist role providing enhanced oversight for those people who need it most. AMCPs will be independent, trained, registered professionals.
In some cases, AMCPs will carry out pre-authorisation reviews to determine whether the authorisation conditions are met.
The AMCP will carry out the pre-authorisation review if:
-
the arrangements provide for the cared-for person to reside in a particular place and it’s reasonable to believe that the cared-for person does not wish to reside in that place
-
the arrangements provide for the cared-for person to receive care or treatment at a particular place, and it’s reasonable to believe that the cared-for person does not wish to receive care or treatment at that place
-
the arrangements provide for the cared-for person to receive care or treatment mainly in an independent hospital, or the case is referred by the Responsible Body to an AMCP and that individual accepts the referral
The AMCP will be required, if appropriate and practical, to meet with the person and consult with:
- anyone named by the person as someone who should be consulted
- anyone engaged in caring for the person or interested in the person’s welfare
- any attorney of a lasting power of attorney (LPA) or an enduring power of attorney (EPA) granted by the person
- any deputy appointed by the court of protection
- any appropriate person
- any independent mental capacity advocate (IMCA)
The AMCP is also required to:
- review the information and decide whether the authorisation conditions are met
- take any other action, provided it is appropriate and practicable to do so
AMCPs will normally be employed by a local authority, NHS hospital trust, local health board or clinical commissioning group.
They do not all have to be employed by the local authority, but the local authority will need to have arrangements for approving them before they can practise.