The Liberty Protection Safeguards: brief update
The Liberty Protection Safeguards (LPS) will be used to authorise the proportionate and necessary deprivation of liberty for people aged 16 and above who lack the mental capacity to consent to their care arrangements.
The Liberty Protection Safeguards (LPS) will be used to authorise the proportionate and necessary deprivation of liberty for people aged 16 and above who lack the mental capacity to consent to their care arrangements. The current Deprivation of Liberty Safeguards (DoLS) only apply to those aged 18 or over. The LPS will apply to individuals residing in domestic settings, which includes the person’s own home/family home, shared lives and supported living.
However, the already delayed LPS implementation date (April 2022) has now been pushed back further and a lot will need to happen before the DoLS are replaced. Watch out for the consultation on the draft Code of Practice and the draft Regulations, but in the meantime, take a look at the Human Rights Bill consultation commentary on Cheshire West at paras 159/160.
The aim of the LPS is to spread responsibility across hospitals, CCGs and social care, in order to share the administrative burden, whilst also building the LPS process into the care planning process itself. There are proposals to use similar but simplified assessments to the current system, but with independent authorisation by an Approved Mental Capacity Practitioner largely limited to those cases where P objects to the arrangements. The LPS will allow for portability and variability so that, where appropriate, the authorisation will follow the person, rather than being specific to their current location.
For further information, see the Department of Health and Social Care fact sheets here or our more detailed previous summary here
Contact
Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000
Related expertise
You may be interested in...
Opinion
Birth Trauma Awareness Week 2025
Guide
Resident doctors vote to strike: Key legal considerations for the NHS
Legal Update
The Assisted Dying Bill: What health and social care professionals need to know
In Person Event
Private Patient Units: expanding through partnership – views from private sector providers
Online Event
Legal principles of workforce change management in the NHS and the people dimension
Legal Update
What does the 10-year health plan mean for social care?
On-Demand - Care Focus webinar series
Care Focus: Critical incident - Reflection
Legal Update
The Government’s 10-Year Health Plan: What’s in it for mental health?
In Person Event
Mock Employment Tribunal
Guide
Inquests: How wide should the scope be? The coroner’s decision
Legal Update - Employment Rights Bill
The Employment Rights Bill: Is it here yet?
Legal Update
Building sustainable NHS-private sector partnerships: Expanding private patient units and beyond
Legal Update
NHS private patient units: Expanding via partnerships and key considerations
Legal Update
Top 10 considerations when expanding an NHS private patient unit
Legal Update
How to expand an NHS private patient unit: Practical guidance
Press Release
10-year health plan: Reaction from Browne Jacobson's health and life sciences team
Legal Update
June 2025: A busy month for kinship care
Legal Update - Mindful insights
Mindful insights: June 2025
Opinion
Pride Month: A time to review DEI
Guide
Legal project management: A cornerstone in operational delivery of inquiries
Opinion
National maternity investigation launched: Enhancing care and addressing inequalities
Legal Update
Analysis: National audit on group-based child sexual exploitation and abuse (June 2025)
Opinion
Employer redundancy guide: Sourcing alternative employment
Press Release - Firm news
Browne Jacobson delivers record-breaking growth as strategic vision drives exceptional performance
Legal Update
What might the public inquiry on child sexual exploitation look like
On-Demand - Shared Insights
Shared Insights safeguarding forum: Focus on self-neglect
Press Release
Spending Review 2025: Browne Jacobson lawyers respond to Chancellor’s announcement
Legal Update
PPU roundtable 2: Advancing private patient units
Legal Update
Trans matters in health for trusts and acute settings: The decision in For Women Scotland
Legal Update
ESG and sustainability report: Rethinking communication and credibility
Press Release
Majority of UK organisations remain committed to sustainability and ESG, says new research
Legal Update
Producing robust capacity assessments and the approaches to assessing capacity
On-Demand - Care Focus webinar series
Care Focus: Critical incidents and managing risks
Video
Investigations and inquiries into child sexual exploitation and grooming
Legal Update
Can those with a probate claim access a deceased patient’s records?
Press Release
UK-EU reset deal: Comments from Browne Jacobson experts
Opinion
Tackling inequalities in maternity care: NHS Providers' call for bold action
Opinion
Disciplinary procedures and mental health: Employer considerations
On-Demand
Shaping a culture of respect and harmony: Managing competing beliefs
