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

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:

See: Liberty Protection Safeguards (LPS): Looking forwards

Caption: Table of key differences
  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
Hospital: CCG
Independent hospital: 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


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