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Liberty Protection Safeguards

March 2022 - the draft form of the revised MCA Code of Practice has been published for consultation - it includes more detail around LPS. For an overview, see this quick guide from Community Care.

 

Currently a DoLS application involves a number of different assessments taking place, but there was a review by the House of Lords in 2014 that said the DoLS process wasn’t really working as intended, and so in May 2019 the Mental Capacity (Amendment) Act brought in a new system called Liberty Protection Safeguards (LPS).

This has been delayed for a number of reasons but should come into use April 2022 and is hoped to be a simpler process that is more person-centred. Update December 2021: due to the pressures of the pandemic, the implementation has been further delayed and we await a new start date.

The government published (11 June 2021) six factsheets about the Liberty Protection Safeguards. 

These are:

  • Criteria for authorisation
  • Appropriate person and IMCAs
  • The approved mental capacity professional role
  • Life-sustaining treatment or vital acts (section 4b)
  • Authorisations, renewals and reviews
  • The right to challenge an authorisation in court

Liberty Protection Safeguards factsheets

Information about support that is being provided ahead of the implementation of LPS can be found on the government website

There is also more information and guidance on the Social Care Institute for Excellence website: Liberty Protection Safeguards (LPS): Latest developments | SCIE