The proposed Liberty Protection Safeguards (LPS) aim to replace the outdated Deprivation of Liberty Safeguards (DoLS), introducing a simpler, more efficient process that strengthens protection for those in care. The reform is designed to make it easier for carers, psychologists, social workers and families to provide care in situations where restrictions on a person’s liberty are necessary.
The government said the current DoLS system is overly bureaucratic and poorly understood, creating unnecessary distress for families and a backlog of more than 123,000 cases. Officials hope the new system will streamline assessments, focus resources on those most at risk, and reduce administrative delays.
A public consultation on the new safeguards will be launched in the first half of next year, jointly run by the Department of Health and Social Care and the Ministry of Justice. Families, carers, and professionals such as social workers, nurses, psychologists and occupational therapists will be invited to share their views.
Organisations including Mencap, Mind, and the Care Quality Commission have long called for reform, arguing that the current system causes distress and fails to protect those it was designed to help.
Under the present rules, even individuals with advanced dementia, who have no awareness of their surroundings, are required to undergo annual assessments involving GPs, social workers and advocates. These reviews often result in long reports and repeated questions, despite little or no change in the person’s condition.
The proposed Liberty Protection Safeguards would allow existing assessments to be reused or extended for longer periods, reducing unnecessary intrusion for families and enabling authorities to concentrate on those with changing or complex needs.
Minister of State for Care, Stephen Kinnock, said the reforms would “fix a broken system” and ensure that safeguarding the vulnerable remains a top priority.
“There is a shameful backlog in the system which means people’s rights are not being properly protected,” he said. “We want to end the maze of paperwork and focus on delivering the best possible safeguards for those who need them most.”
The changes also follow ongoing debate over the 2014 Supreme Court ruling known as Cheshire West, which expanded the definition of what it means to be “deprived of liberty”, leading to a dramatic rise in referrals across the UK.
The government has been granted permission to intervene in a Northern Ireland legal challenge to the Cheshire West ruling, with ministers hoping to support the creation of a unified UK-wide approach.
Responses from the consultation will help shape the final Mental Capacity Act (2005) Code of Practice, which will be presented to Parliament. The updated code will reflect changes in law, case rulings, and best practice since 2007 to address long-standing challenges in protecting the rights of people who lack mental capacity.
