Liberty Protection Safeguards (LPS): What Care Staff Need to Know
Liberty Protection Safeguards are planned to replace DoLS in England and Wales. Here is what has been announced, what has not changed yet, and what care staff should do now.
Liberty Protection Safeguards (LPS) are the planned replacement for the Deprivation of Liberty Safeguards (DoLS) in England and Wales. The law that creates LPS has been on the statute book for years, but the new system is not yet in force, so care staff still work under DoLS every day. This guide explains what LPS is meant to change, what the government has said recently, and what you should do in the meantime. It sits alongside our guide to Mental Capacity Act and DoLS training requirements.
What is a deprivation of liberty?
A deprivation of liberty is a serious restriction on a person’s freedom that the law must authorise. For years, the test was the “acid test” from the Supreme Court’s 2014 Cheshire West judgment, and that ruling led to a very large rise in referrals under the existing system. On 2 June 2026, the Supreme Court overruled Cheshire West in a case brought by the Attorney General for Northern Ireland. According to GOV.UK, the single acid test has been replaced by a multifactorial assessment that looks at the type, duration and effects of the restrictions, how they are carried out, whether the person objects, how normal the arrangements are, their purpose, and how close the situation is to confinement in a prison cell. No single factor decides the outcome.
The ruling also changes how consent is viewed. A person who lacks full legal capacity may still be able to give valid consent to their living arrangements if they have a basic understanding of their circumstances and show that they accept them. GOV.UK says that some people who are currently authorised may no longer count as deprived of liberty, and that cases should be reviewed as soon as is practicable. The Department of Health and Social Care has said it will publish interim guidance with case studies by December 2026. For more detail on what the judgment means in practice, see our guide to Mental Capacity Act and DoLS training requirements.
In hospitals and care homes, DoLS is the process that authorises such arrangements. Elsewhere, such as supported living, an application is usually made to the Court of Protection.
Why is DoLS being replaced?
DoLS has long been criticised as slow and complex. In October 2025 the Department of Health and Social Care said the current backlog stood at 123,790 people and described the system as bureaucratic, with families facing repeated assessments even when a person’s condition does not change. Many people wait a long time for an authorisation, or are never assessed at all, which means they may be deprived of liberty without the legal protection Parliament intended.
What is LPS meant to change?
The Liberty Protection Safeguards were created by the Mental Capacity (Amendment) Act 2019. The government’s 2022 consultation documents set out the main ideas, which included:
- Covering people aged 16 and over, rather than 18 and over.
- Applying in any care setting in England and Wales, not only hospitals and care homes.
- Reducing the number of separate assessments.
- Placing an explicit duty on decision-makers to consult the person and those close to them about the restrictions in their care.
These are proposals from earlier documents, and the detail may change, so treat them as direction of travel rather than final rules.
Where do things stand now?
The 2022 consultation ran from 17 March to 14 July 2022 and did not lead to any change. Implementation was then paused. On 18 October 2025 the government announced that it would consult again on LPS, with the consultation due to launch in the first half of 2026, together with an updated Mental Capacity Act Code of Practice. The consultation is being run by the Department of Health and Social Care and the Ministry of Justice. We have not seen confirmation of a start date for LPS itself, so check GOV.UK for the latest position before relying on any timetable. Until LPS is switched on, DoLS and Court of Protection applications remain the law.
What should care staff do now?
You do not need to wait for LPS to improve practice. The principles that will matter under the new system already apply today:
- Apply the five principles of the Mental Capacity Act. Assume capacity, support decision-making, respect unwise decisions, act in best interests and choose the least restrictive option.
- Keep records that show your reasoning. Record the decision, the capacity assessment, who was consulted and what less restrictive options were considered. Our guide to best interests decision-making shows what good looks like.
- Involve advocates. If someone has nobody appropriate to consult, an advocate may be needed. See our guide to the IMCA role.
- Review restrictions regularly. Locked doors, constant supervision, sensor mats and medication given covertly all need a clear justification and a review date.
- Escalate promptly. If you think someone is being deprived of liberty, tell your manager so an application can be made, and do not assume someone else has done it.
- Watch the 16 and 17 age group. If your service supports young people, ask how restrictions on them are currently authorised.
How does this link to wider mental health law?
LPS and DoLS sit within the Mental Capacity Act. Mental health legislation is a separate framework, and reform there is also moving. Our overview of the Mental Health Act 2025 key changes explains how the two fit together and why staff need to know which law applies to a person at any time.
Frequently asked questions
Is LPS in force yet?
No. DoLS still applies in hospitals and care homes, and the Court of Protection route still applies in other settings. Check GOV.UK for any change.
Do staff need separate LPS training now?
There is no separate LPS qualification to complete yet. Sound Mental Capacity Act and DoLS training is the best preparation, and your employer will tell you when new training is needed.
Does LPS replace the Mental Capacity Act?
No. LPS is designed to replace the DoLS process within the Mental Capacity Act, not the Act itself.
Key takeaways
- LPS is planned to replace DoLS, but DoLS remains the law today.
- The government announced a new consultation in October 2025, due in the first half of 2026.
- Good capacity assessments, records and least restrictive practice prepare you for either system.
Looking for structured learning? Explore our healthcare CPD courses to build your Mental Capacity Act knowledge.
Sources
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Learnsignal Healthcare Education Team
The Learnsignal Healthcare Education Team creates CPD and compliance training content for nurses, allied health professionals, and care providers, drawing on current regulatory guidance from bodies including NMBI and equivalent professional regulators.
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