This article provides the position as at February 2026 as to the Liberty Protection Safeguards, how close we really are to saying goodbye to the Deprivation of Liberty Safeguards and what social care providers need to be doing now in anticipation of the changes.
What are the LPS?
The Liberty Protection Safeguards (LPS) are the legal framework for England and Wales currently proposed to replace the Deprivation of Liberty Safeguards (DoLS) in relation to individuals who lack capacity to make decisions about their residence and care arrangements.
The aim of the LPS is to drive more efficient and person-centred protections for people who lack capacity and who are deprived of their liberty by the arrangements for their care, in line with their Article 5 right to liberty.
What are the key differences between the LPS and DOLS?
Under the LPS, authorisations will apply to people aged 16 and over and across all care settings, including supported living and at home care. DoLS only applies to adults (18+) in care homes and hospitals, making the wider scope one of the key aspects of the proposed changes.
Authorisations under the LPS will be given by the Responsible Body which will not always be the Local Authority (as under DoLS) and could be either the relevant NHS Trust (in relation to hospital care) or ICB (if care is primarily funded by the NHS). This will share the administrative responsibility of authorising a deprivation of liberty more widely between local authorities and NHS bodies.
The LPS process will hopefully be more streamlined. The LPS require three assessments (capacity, medical, and necessary & proportionate), with greater scope to reuse existing assessments, compared to the six assessments required under DoLS.
Relevant Persons Representatives (RPRs) will not feature under LPS, although the LPS do promote a clear duty to consult the person involved as well as those with an interest in their care. The LPS create the role of the Approved Mental Capacity Professional (AMCP) for specified cases.
LPS will allow authorisations to last up to 12 months initially and be renewed for up to 36 months, whereas DoLS authorisations are limited to a maximum of 12 months at a time.
Timeline thus far
The existing DoLS regime has been in force since 2009 and has been widely criticised as overly complex, bureaucratic, and inefficient. It was recommended in the 2017 Law Commission report that DoLS be replaced as a matter of “pressing urgency”.
The LPS were introduced into law by the Mental Capacity (Amendment) Act 2019 and were originally planned to come into force in April 2022. This was delayed due to public consultation on the proposed reforms, including the Code of Practice and draft regulations.
In April 2023, the government confirmed that the introduction of the LPS would not occur within the life of that Parliament.
In October 2025 the Department of Health and Social Care announced a new consultation on the LPS reforms scheduled for the first half of 2026. It is widely considered that the earliest the LPS could be in force is 2027.
Where are we now?
DoLS continue to be the system for authorising deprivations of liberty, at least for this year and likely the next. That is not to say that we recommend inaction. Whilst the LPS is not in force currently, change is much needed and is on the horizon.
Whilst the administrative requirements of authorising a deprivation of liberty will change under the proposed reform, the fundamental principles of the Mental Capacity Act 2005 will remain the same. Continuing education and development about appropriate capacity assessments, person centred care, best interests, deprivation of liberty and least restrictive practices will ensure robust foundations for the changes ahead.
In addition, it is essential that experienced providers take part as much as they are able to in the upcoming consultation. In this way, when change does come, it will be informed by those on the ground and, hopefully, provides the necessary safeguards in a logical and workable way.
Join our Webinar on the 3rd March 2026
Care England is pleased to host a timely and highly practical webinar on this subject, led by Hempsons health and social care law specialist Helen Claridge. This session is designed for providers who want to strengthen their legal confidence in an increasingly complex and high-risk landscape.
For further information and support, contact:
Helen Claridge
Partner
Hempsons
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