The government has announced that Liberty Protection Safeguards will not be implemented before the next general election. We will update these pages when we have more information.
The Liberty Protection Safeguards (LPS) scheme is for people aged 16 and above who are, or who need to be, deprived of their liberty for their care or treatment and do not have the mental capacity to consent to the arrangements. For example, they may need to be cared for in a care home or a hospital and be prevented from leaving unless they have someone to support them.
People who might need a LPS authorisation include those with dementia, brain injuryand learning disabilities, as well as other conditions.
LPS were introduced in the Mental Capacity (Amendment) Act 2019 and will replace the Deprivation of Liberty Safeguards (DoLS) system. The aim is to improve outcomes for people who are or who need to be deprived of their liberty in their best interests. LPS have been designed to put the rights and wishes of those people at the centre of all decision-making on deprivation of their liberty.
The government is planning for LPS to start being used in late 2023 or early 2024. Salford City Council is working with its partners in health and social care to plan for LPS and make sure that people have the protections that they need.
Three assessments will be used to decide if Liberty Protection Safeguards are needed:
The assessment process will become part of existing care planning (for example under the Care Act 2014).
Councils and NHS bodies will be the ‘responsible bodies’. This means they will organise the assessments needed and ensure there is enough evidence to justify deprivation of liberty. Ultimately, the responsible body is responsible for authorising any deprivation of liberty in certain settings. Councils will be the responsible body in most cases.
Professionals and care workers who are responsible for the LPS authorisation will have a duty to consult those caring for the person and with those interested in the person’s welfare. There will be an opportunity for a family member or someone else close to the person, if they are willing and able, to represent and support them through the process as an ‘appropriate person’. Family members or others close to the person will also be able to raise concerns throughout the process and in response to any authorisation.
Where it is reasonable to believe a person would not want to reside or receive care or treatment at the specified place, or the arrangements provide for the person to receive care or treatment apply mainly in an independent hospital, the case must be considered by an approved mental capacity professional (AMCP). This provides an additional protection.
The responsible body may also refer other cases to the AMCP. The AMCP can accept those referrals and consider those cases too.
The AMCP will review the information on which the responsible body relies, meet with the person if appropriate and possible, and complete consultation if appropriate and possible with:
Currently, when a 16 or 17 year old needs to be deprived of their liberty, an application must be made to Court of Protection. Under LPS, responsible bodies can authorise the arrangements without a court order in many cases. The aim is to provide more proportionate decision-making about deprivation of liberty and minimise potential distress and intrusion for young people and their families.
LPS will apply to individuals living in domestic settings who need to be deprived of their liberty. Domestic settings include:
This change ensures all people who need to be deprived of their liberty will be protected under LPS, wherever they live, without the need to go to court.
Anyone who is subject to an LPS authorisation can apply to the Court of Protection to ask the Court to change the terms of the authorisation or to end it. The Appropriate Person can also apply to the Court. Legal aid will be available for challenges to LPS authorisations.
For any questions about how the scheme will work in Salford please fill in your contact details and reason for query using our online enquiry form below.
Your email address will be used to keep you informed of any LPS activity in Salford. It will not be used for any other purpose and will not be shared with any other council department.
Please do not use this form to ask questions about a particular person. Instead please contact your support worker in children’s services or adults’ services.
If you do not have a support worker, please visit one of the following sections to find out how to get in touch:
This page was last updated on 9 May 2023