The Liberty Protection Safeguards
Scope of this chapter
At some point soon (date still to be confirmed), the 2 current frameworks for authorising a deprivation of liberty (DoLS and the court) will be replaced with a new single framework, the Liberty Protection Safeguards (LPS).
This chapter contains links to a range of useful information to help everyone understand the key differences between the Liberty Protection Safeguards and current frameworks, and what the changes are likely to mean for our service.
Relevant Regulations
Related Chapters and Guidance
The government has developed a range of web-based factsheets:
Liberty Protection Safeguards: what they are
Liberty Protection Safeguards: overview of the process
Liberty Protection Safeguards: settings and Responsible Bodies
Liberty Protection Safeguards: young people and Responsible Bodies
Liberty Protection Safeguards: criteria for authorisation
Liberty Protection Safeguards: the appropriate person and independent mental capacity advocates
Liberty Protection Safeguards: the approved mental capacity professional role
Liberty Protection Safeguards: authorisations, renewals and reviews
Liberty Protection Safeguards: the right to challenge an authorisation in court
As part of their work to support the social care sector to prepare and embed LPS within everyday practice, SCIE has produced a short video:
| Now | Under LPS | |
|---|---|---|
|
Making an application |
Making an application |
All managed by professionals arranging care and support services/treatment |
|
Authorisations for people who are 18+ and receiving care or treatment in a care home or hospital |
All authorised by the local authority |
The body responsible for authorisation (the responsible body) is setting dependent: Care home: Local Authority |
|
Authorisations for people who are 16+ living in a community setting |
All authorised by a relevant court of law |
All authorised by the local authority. |
|
Best Interest Assessors |
Best Interest Assessors |
Best Interest Assessor role replaced by the Approved Mental Capacity Professional role (AMCP). |
|
Different circumstances |
No different circumstances |
Definition of ‘complex’ introduced: Disagreement about Best Interests, the person is unhappy with arrangements or the setting is an independent hospital. Complex: Appointed an AMCP Non-complex: Evidence to be provided by the professional arranging care or treatment |
|
Deprivations in more than one setting |
Separate process and authorisations required for each setting |
One authorisation can include arrangements across all settings that form part of the person’s normal care or treatment arrangements |
|
Review |
No mechanism for review. When an authorisation expires a new process is required |
For people with long term needs, a proportionate review is to take place at 12 months, and then again at 24 months. At this point if there have been no changes no further review is necessary for 3 years |
Last Updated: September 12, 2022
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