Key takeaways
LPS aims to streamline and widen protections
Extends safeguards to younger people and more settings.
New responsibilities reshape how care is authorised
Shifts decision-making to bodies closest to individuals’ care.
Longer authorisations reduce repeat assessments
Supports stability for people with long-term conditions.
In October 2025, the UK Government confirmed that it will launch a fresh consultation into the Liberty Protection Safeguards (LPS) in 2026.
The consultation will be jointly run by the Department of Health and Social Care and the Ministry of Justice and will seek the views of those affected such as families, health and social care professionals and legal experts.
Beyond that, details remain limited. No timetable has been published, and no draft proposals have been shared.
In the meantime, the best indication of what may lie ahead comes from the legislation and previous consultation document. Now that LPS looks to be on the horizon again, we set out below a reminder of the key changes that stand to be brought in with LPS.
From DoLS to LPS – The key changes
LPS would apply from age 16
The Deprivation of Liberty Safeguards Scheme (DoLS) applies only to adults aged 18 and over, LPS would extend the framework to 16 and 17 year olds, removing the need for routine court applications for this age group.
More settings covered
DoLS is limited to care homes and hospitals. LPS would apply to a much broader range of settings including:
Supported living
Shared lives
A person’s own home
Focus on care arrangements rather than specific institutions
DoLS authorisations are tied to a specific institution (for example a named care home or hospital) and cannot move with the person.
LPS authorisations would apply to the care and treatment arrangements, rather than a single location.
This would allow one authorisation to cover multiple settings allowing greater continuity and flexibility of care – for example when a person is moving between home and respite.
Responsible bodies
Under DoLS local authorities act as the supervisory body for all cases.
Under LPS, responsibility would sit with the organisation most closely connected to the person’s care:
NHS hospitals: for inpatients
Integrated Care Boards (ICBs): for people primarily under NHS continuing healthcare arrangements outside hospital
Local authorities: for everyone else, including people in care homes, supported accommodation, their own homes where this is funded wholly or partly with the Local Authority and independent hospitals (including hospices)
Providers still play a key role
The DoLS term “managing authority” would disappear, but provider responsibilities would not. Care providers would still be expected to:
Identify potential deprivations of liberty
Ensure appropriate information is provided to the responsible body
Understand and comply with LPS requirements in practice
Less repetition of medical evidence
Under DoLS, evidence of a mental disorder is typically required for each authorisation.
Under LPS, existing evidence can be reused where appropriate, for example where P has advanced dementia or a lifelong severe learning disability. As long as there are no significant changes, fresh evidence may not be required.
Under LPS, there still must be assurance that:
P has as a mental disorder
P lacks capacity to make decisions about care and residence
The deprivation of liberty is necessary (to prevent harm to P) and proportionate (to the likelihood and seriousness of the harm)
BIAs replaced with AMCPs
Best Interests Assessors (BIAs) would be replaced by Approved Mental Capacity Professionals (AMCPs), who would only be involved in specific situations:
Where the person does not want to live at the proposed place
Where the person objects to the care or treatment being provided
Where the person is deprived of liberty in an independent hospital and not subject to the Mental Health Act
Other complex or borderline cases referred by the responsible body
Duration of authorisations
Under LPS the first authorisation and renewal could last up to one year.
Subsequent renewals could then last up to three years providing renewals are continuous and no significant changes are expected during that period.
This is intended to reduce unnecessary reassessments for people with stable, long-term conditions.
When do we expect to know more?
We are expecting the consultation to be launched in the first half of this year.
There is no doubt that the judgment from A Reference by the Attorney General for Northern Ireland will act as further guidance to the consultation.
Hill Dickinson’s specialist mental capacity and deprivation of liberty lawyers will keep you appraised of any developments.
Our credentials
Hill Dickinson LLP are the national leading experts on the Mental Capacity Act 2005 (MCA) and deprivation of liberty, with more lawyers independently ranked in directories as leading practitioners in this field than any other firm.
Our lawyers have been involved in the leading case law, including at Court of Appeal and in the Supreme Court, as well as being involved in the development of national policy, guidance and training.
This article was co-authored by Alice Mannion.
