DoLS to LPS: Understanding the Changes Ahead
Understanding the Liberty Protection Safeguards: What They Are, Why They Matter, and How to Prepare
The landscape of deprivation of liberty in health and social care continues to evolve, shaped by legal reform, human rights principles, and the practical realities of supporting people who lack capacity.
The Liberty Protection Safeguards (LPS) were designed to replace the long‑criticised Deprivation of Liberty Safeguards (DoLS), offering a more streamlined, person‑centred system.
Although LPS has not yet been implemented and is now expected to undergo further consultation in 2026, understanding the framework remains essential for care providers, local authorities, and NHS bodies.
This article explores what LPS is, why it was introduced, how the Cheshire West ruling reshaped the sector, and what organisations should be doing now to prepare.
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What Are the Liberty Protection Safeguards?
The Liberty Protection Safeguards were created under the Mental Capacity (Amendment) Act 2019 to provide a legal framework for authorising the deprivation of liberty for people aged 16 and over who lack capacity to consent to their care arrangements.
LPS was designed to be:
- Simpler and more flexible than DoLS.
- Applicable across more settings, including hospitals, care homes, supported living, and domestic environments.
- Integrated with existing care planning, reducing duplication.
- More proportionate, with fewer assessments required.
- More inclusive, lowering the age threshold from 18 to 16.
The aim is to ensure that any deprivation of liberty is lawful, necessary, and proportionate, while strengthening the person’s voice through consultation and advocacy.
From DoLS to LPS: Why Change Was Needed
DoLS was introduced in 2009 to protect people deprived of their liberty in hospitals and care homes.
However, the system quickly became overwhelmed, particularly after the Cheshire West ruling widened the definition of deprivation of liberty.
Local authorities faced soaring numbers of applications, long backlogs, and significant resource pressures.
DoLS was widely criticised for being:
- Bureaucratic and slow.
- Limited in scope, excluding supported living and community settings.
- Unsustainable, with tens of thousands of unassessed cases nationally.
LPS was intended to address these issues by:
- Allowing responsible bodies (local authorities, NHS trusts, and Integrated Care Boards) to authorise arrangements.
- Embedding assessments into existing care planning.
- Reducing duplication.
- Extending safeguards to all settings, including domestic environments.
- Introducing a renewal system, avoiding repeated full assessments.
Although implementation has been delayed, the need for reform remains widely recognised.
What Are Liberty Protection Safeguards (LPS)?
Liberty Protection Safeguards (LPS) is the new framework introduced under the Mental Capacity (Amendment) Act 2019 to replace the Deprivation of Liberty Safeguards (DoLS). It protects people aged 16+ who lack capacity and may need restrictions on their liberty for care or treatment.
LPS is designed to be more person‑centred and streamlined, applying across care homes, hospitals, supported living, and people’s own homes. A designated “responsible body” — such as a local authority or NHS trust — authorises any deprivation of liberty in advance.
The aim is to ensure that a person’s rights, wishes, and feelings remain central to decisions, particularly for those with conditions like dementia, autism, or learning disabilities.
The ‘Cheshire West’ Case: A Turning Point
The 2014 Supreme Court case P v Cheshire West and Chester Council transformed the understanding of what constitutes a deprivation of liberty.
The Court established the now‑famous “acid test”, stating that a person is deprived of their liberty if they are:
- Under continuous supervision and control, and
- Not free to leave,
- Regardless of whether the setting is comfortable, supportive, or in the person’s best interests.
The phrase “a gilded cage is still a cage” became symbolic of the ruling’s message: human rights protections apply equally to disabled people, regardless of how benevolent the care environment may be.
This ruling dramatically increased the number of situations that met the threshold for deprivation of liberty.
As a result, DoLS applications surged, overwhelming local authorities and exposing the system’s limitations.
The Cheshire West ruling remains central to understanding deprivation of liberty today and will continue to shape how LPS is interpreted once implemented.
Key Differences Between DoLS and Proposed LPS
The LPS framework aims to be more streamlined and person-centred than the current DoLS system, addressing its limitations in scope and efficiency.
| Feature | Deprivation of Liberty Safeguards (DoLS) | Liberty Protection Safeguards (LPS) (proposed) |
|---|---|---|
| Age Range | Individuals aged 18+ | Individuals aged 16+ |
| Settings Covered | Care homes and hospitals only | All settings, including supported living and a person's own home |
| Assessments | Requires six separate assessments | Streamlined process allowing reuse of existing assessments |
| Authorisation Length | Maximum of one year | One year initially, with renewals possible for up to three years |
| Responsible Bodies | Local authorities (supervisory bodies) | Local authorities, NHS Trusts, and Integrated Care Boards (ICBs) |
Preparing for LPS: What Organisations Should Do Now
Even though LPS is not yet in force, the direction of travel is clear. Organisations that prepare early will be better positioned when implementation eventually occurs.
1. Strengthen Mental Capacity Act (MCA) Practice
LPS is built on the foundations of the MCA. High‑quality MCA practice will make the transition smoother.
Focus on:
- Clear, decision‑specific capacity assessment.
- Evidence‑based best‑interest decisions.
- Documenting less restrictive options.
- Embedding person‑centred planning.
2. Improve Care Planning and Record‑Keeping
Because LPS integrates with care planning, organisations should ensure:
- Care plans clearly describe restrictions.
- Rationales for restrictions are recorded.
- Risks and alternatives are documented.
- Reviews are timely and meaningful.
3. Map Out Likely Responsible Bodies
Under LPS, different bodies may authorise arrangements depending on the setting:
- Local authorities.
- NHS hospital trusts.
- Integrated Care Boards.
Understanding these pathways early will support smoother implementation.
4. Train Staff Early
Training should cover:
- The principles of LPS
- The Cheshire West acid test
- The role of the Approved
- Mental Capacity Professional (AMCP)
- Consultation duties
- The importance of advocacy.
📚Recommended Courses: MCA/DoLS Training | MCA/DoLS Training for Managers.
5. Review Policies and Procedures
Even without a go‑live date, organisations can:
Update MCA and DoLS policies
- Draft LPS‑aligned procedures.
- Identify gaps in current practice.
- Strengthen governance and oversight.
6. Engage with Future Consultations
The government has announced a consultation on LPS implementation in 2026. Providers, practitioners, and families should contribute to ensure the system reflects real‑world needs.
💡
LPS protects people aged 16+ who lack capacity and may be deprived of their liberty. It replaces DoLS and ensures restrictions are necessary, proportionate, and authorised. LPS applies across care homes, hospitals, supported living, and private homes, aiming for a simpler, more integrated system once final regulations and the new Code of Practice are introduced.
Conclusion
The Liberty Protection Safeguards represent a significant evolution in how the sector protects people’s rights when they cannot consent to their care arrangements.
While implementation has been delayed, the principles behind LPS—proportionality, person‑centred practice, and human rights—are already shaping expectations.
By strengthening MCA practice, improving documentation, training staff, and preparing systems now, organisations can ensure they are ready for the future of deprivation of liberty authorisation—whatever form it ultimately takes.
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