Liberty Protection Safeguards
Latest News: In April 2023 in a letter to all stakeholders the Government announced that Liberty Protection Safeguards would be delayed beyond the life of this Parliament. This decision was taken in the wake of the Governments plans for social care reform and prioritising work on social care set out in the publication Next Steps to Putting People at the Heart of Care. Whilst the delay is disappointing, Deprivation of Liberty Safeguards an important system for authorising the Deprivation of Liberty and we will continue to make applications in line with the Mental Capacity Act (2005) to ensure that the rights of those lack relevant capacity are protected.
The Liberty Protection Safeguards (LPS) when implemented will provide protection for people aged 16 and above who are, or who need to be, deprived of their liberty in order 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.
What is a Deprivation of Liberty?
A person who lacks capacity to stay in a place for care or treatment and is subject to restrictions to prevent them from coming to harm. The restrictions in place mean the person is: subject to complete supervision and control AND not free to leave .
Application in different settings
LPS will apply to a deprivation of liberty, for a person aged 16 and above, in any setting in England and Wales. That includes:
- care homes - registered care homes in which care is provided (in this instance the person must be 18 and above)
- NHS hospitals - a health service hospital that is part of the national health service
- education facilities - including day and residential schools and sixth form colleges
- independent hospitals - a hospital that is not an NHS hospital, for example one run by a private company or a charity
- a person's own home - when a person is receiving care or treatment in their own home. This includes:
- supported living - services designed to help individuals with disabilities keep their independence in their local community
- shared lives - carers sharing their home and family life with individuals using a shared lives arrangement
An LPS arrangement might cover
- Where a person is to live in circumstances of restrictions - this can be in one or more places
- Where a person is to receive care or treatment in circumstances of restrictions - this can be in one or more places
- How a person is to be transported to a particular place , or places, to receive care or treatment in circumstances of restrictions.
Deprivation of Liberty Safeguards (DOLS)Address: PO Box 15