Liberty Protection Safeguards

The Mental Capacity (Amendment) Act 2019 introduced the Liberty Protection Safeguards (LPS) as a replacement for Deprivation of Liberty Safeguards framework. The aim was to provide a new, simplified deprivation of liberty authorisation process capable of operating effectively in all settings. For further information regarding the LPS, please see our webinars on the LPS proposals and the draft MCA Code of Practice.

Delay in Implementation 

The LPS framework was initially intended to come into force in October 2020 but this was delayed. On 5 April 2023 the Department of Health and Social Care announced the implementation of the Liberty Protection Safeguards (LPS) and the Mental Capacity (Amendment) Act 2019 would be delayed “beyond the life of this Parliament.” 

In 2024, there was a change of Government. On 17 June 2025, Stephen Kinnock, Care Minister, expressed to fellow MP’s on the committee scrutinising the Mental Health Bill that the implementation of LPS was “under review” but that he was “not entirely convinced” the LPS would achieve its stated objectives. 

A New Consultation 

On 18 October 2025, the Government announced it was launching a consultation on LPS in the first half of 2026 “seeking the views of those affected such as families, carers and practitioners including social workers, nurses, psychologists and occupational therapists.” The Government has said that the responses from the consultation will be used to inform a final Mental Capacity Act (2005) Code of Practice which will be laid in Parliament. 

We will continue to publish updates considering the LPS (as part of our Mental Capacity, Mental Health and Court of Protection updates) and how it impacts on different types of organisation. If you would like to sign up to our updates please click here.