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Liberty Protection Safeguards: Controversial role for care home managers shelved for now

11 November 2020

We have consistently opposed care home managers being expected to take on responsibility for leading the process about whether someone should be deprived of their liberty. The government is moving towards the right decision.

Jonathan Senker, Chief Executive, VoiceAbility

VoiceAbility welcomes the government’s decision not to make care home managers responsible for the process to decide whether a person is deprived of their liberty when the new Liberty Protection Safeguards are introduced in 2022.

Depriving a person of their liberty is one of the most serious actions the state can take. It is essential that there is a fair and just process before anyone’s freedom is curbed in such a way. Care home managers play a vital role in overseeing care provision. However, their lack of independence means that they are not the right people to lead this process.

There is almost unanimous opinion against care home managers leading the process for deciding on deprivations of liberty. This has been expressed by disabled people’s organisations, professional health and social care bodies, service providers, advocacy organisations, and care home managers themselves. 

We have consistently opposed care home managers being expected to take on responsibility for leading the process about whether someone should be deprived of their liberty, so we are pleased that the government has had a change of heart. Care home managers lack the independence needed to lead the process. The government is moving towards the right decision,” said Jonathan Senker, Chief Executive of VoiceAbility

Whilst this decision is good news, it is concerning that the government has not taken the option of care home managers leading the process entirely off the table, instead stating that they will keep the case under review’. We call on the government to put the matter beyond doubt.”