The Liberty Protection Safeguards (LPS) explained
The right to liberty is a fundamental human right, under Article 5 of the European Convention on Human Rights (ECHR): Article 5: Right to liberty and security | Equality and Human Rights Commission.
However, in certain circumstances authorised health and care practitioners, in consultation with a person’s family and/ or advocates, can arrange for someone to be deprived of their liberty if the person lacks capacity to make decisions and if it is in their best interests. (Scie 2021 online).
Examples of deprivation of liberty:
A care home or staff in a hospital may stop the person from walking around at night or leaving the building for their own safety, or giving them medications that may affect the way they behave.
Taking away a person's freedom in this way is defined in law as a 'deprivation of liberty’ – see current process for DoLS for additional case example.
Sometime between now and 2025 we will begin to say goodbye to Deprivation of Liberty Safeguards (DoLS) and introduce their successor, Liberty Protection Safeguards (LPS). LPS is the new framework set up by an amendment to the Mental Capacity Act (MCA) 2005, which is set out in the Mental Capacity (Amendment) Act 2019 (the MC(A)A 2019).
The changes will be activated once the LPS Regulations for England are ratified in Parliament and the LPS Regulations for Wales are passed by Senedd Cymru.
Though LPS has the same purpose as the DoLS, the new system is different by design, in a number of ways:
- More person centred
- Enables more person centred planning
- Covers a wider range of settings
- Better integration with other legislation
- Reflects core MCA 2005 principles
- Applies to 16 and 17 year olds
Unlike DoLS, LPS will apply in all settings, such as care homes, hospitals, and people’s own home, and LPS will apply to anyone aged 16 years or older.
An easy read document was created in partnership with People First Cwm Taff and Blaenau Gwent on behalf of the 5 Gwent Local Authorities and Aneurin Bevan University Health Board.
Liberty Protection Safeguards Easy Read
The easy read can be shared with people we are supporting where the change may apply or others who will be impacted by the changes when it becomes active. The easy reads include useful information and links, including links to take part in the consultation.