In this blog, Pam Smart an experienced social worker and Best Interests Assessor and employee of tri.x, reflects on the current unexpected announcement from the Government that it will move forward with the Liberty Protection Safeguards (LPS) – the system designed to replace the much-criticised Deprivation of Liberty Safeguards (DoLS).
If that already sounds familiar, it’s because this change has been sitting on the shelf for years. In fact, the law that enables LPS was passed back in 2019. But, until now, there has been no firm commitment on when – or even if – it would be put into practice.
Now the plan is to consult on introducing LPS next year, alongside an updated Mental Capacity Act 2005 Code of Practice.
Wait… why replace DoLS?
In short: DoLS is overwhelmed and is no longer working well.
Care Minister Stephen Kinnock didn’t mince his words. He called DoLS a “broken system”, one that involves intrusive, stressful assessments for families, and leaves thousands of people stuck in legal limbo for months (or longer).
So, what caused the system to break?
A key moment was the 2014 Cheshire West ruling, which expanded the definition of when someone is considered deprived of their liberty. Overnight, the number of cases skyrocketed.
- In 2013–14, before the ruling, councils processed around 13,000 applications.
- In 2023–24, there were 332,455 applications.
- And around 124,000 cases were still waiting in the backlog at the end of that year.
This means that many people are technically being deprived of their liberty without the legal safeguards they are entitled to. This is not good and certainly not what the safeguards were designed for.
How LPS Is Meant to Help
LPS aims to simplify and speed up the process by:
- Covering everyone aged 16+ across all care settings, not just hospitals and care homes.
- Embedding assessments into existing care planning, instead of creating an extra layer of bureaucracy.
- Allowing authorisations to be renewed for up to three years (instead of redoing everything every year).
- Sharing responsibility between local authorities, NHS bodies, and hospitals – instead of everything falling on councils.
- Reducing reliance on specialist assessors in every case.
In theory, this should mean:
- Less paperwork.
- Fewer unnecessary assessments.
- Faster decisions.
- And improved legal protection for the person receiving care.
So Why Now?
Interestingly, the timing here may be linked to an upcoming Supreme Court case where the government will argue to narrow the definition of what counts as a deprivation of liberty (the same issue raised in Cheshire West).
So, reform is happening and legal clarification is needed.
A Long Road to Change
If this all feels like déjà vu, you’re not alone. The journey from DoLS to LPS has been long and bumpy. Here’s the short version:
- 2014: DoLS declared “not fit for purpose.”
- 2017: Law Commission proposes Liberty Protection Safeguards.
- 2019: Law passed to introduce LPS.
- 2020–2023: Multiple delays and no implementation.
- 2025: Government now confirms consultation and plans to move forward.
It’s been a decade of waiting. And for the people affected, that waiting has real consequences.
What Happens Next?
Over the first half of next year, the government will:
- Consult on how LPS should be rolled out, and
- Update the Mental Capacity Act Code of Practice, which hasn’t been refreshed since 2007.
The hope? A system that:
- Protects people’s rights,
- Reduces the stress on families and professionals,
- And clears the huge backlog currently leaving vulnerable people without essential safeguards.
As Kinnock put it:
“This is about ensuring we are fully focused on the most vulnerable people in our society and their families.”
tri.x online policy and procedure manuals are developed and supported by a team of industry leaders for local authority and independent sectors. The manuals cover children and adult; social care, safeguarding partnership/boards, supported accommodation, children’s homes, adoption and fostering. Find out how we can help you strengthen compliance, consistency, and best practice across your organisation.