Government delays the long-awaited implementation of Liberty Protection Safeguards (LPS)

The Deprivation of Liberty Safeguards (DOLS) ensure people who cannot consent to their care arrangements in a care home or hospital are protected if those arrangements deprive them of their liberty. Arrangements are assessed to check they are necessary and, in the person’s best interests. Representation and the right to challenge a deprivation are other safeguards that are part of DOLS.

Having announced the current DOLS regime as not being fit for purpose, the Government has announced it will delay the implementation of the replacement Liberty Protection Safeguards (LPS) to “beyond the life of this Parliament”.

In a Department of Health and Social Care newsletter dated 5 April 2023, it said: “The Government has taken the difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament. This was one of a number of decisions taken as part of prioritising work on social care”.

The letter states: “To enable us to focus on these critical priorities, the Government has taken the difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament. This was one of a number of decisions taken as part of prioritising work on social care…

“We recognise that this delay will be disappointing news for the people and organisations who have worked closely with us on the development of the LPS since the Mental Capacity (Amendment) Act was introduced in 2019”.

There has to be a General Election before 28th January 2025, with it being widely is anticipated to be held during 2024. Whether the LPS are introduced depends entirely on what the incoming Government wants to do after that election. If the Conservatives win, they could theoretically resurrect the LPS, but given the delays and the cost of implementation, this seems unlikely. If Labour wins, they would have to decide whether to reform the DOLS/LPS situation or focus on their own legislative priorities.

Regardless of the outcome, it is clear that the current DOLS system will remain in place for some time to come. This situation will be frustrating for those who were looking forward to the improved protections and streamlining of processes provided by LPS.