LPS: The Second Coming
The recent announcement from the Department of Health and Social Care (DHSC) that the current Deprivation of Liberty Safeguards (DoLS) regime is to be replaced by LPS marks a pivotal moment in the way the English care and legal system will authorise and monitor deprivations of liberty for people who lack capacity to decide on their care arrangements.
The key points from the announcement:
Some of the key design changes proposed for LPS are:
There are several interlocking drivers:
1. Exponential growth in DoLS applications: The judgement in Cheshire West & Chester Council v P (2014) triggered a steep rise in DoLS applications. For example:
2. Criticisms of the current system
Among the recurring themes:
3. Legal and rights-based concerns
The main driver is probably the Supreme Court's reconsideration of the Cheshire West case in the reference brought by the Attorney General for Northern Ireland which was heard on 20-22 October 2025. The Government challenged the broader definition of ‘deprivation of liberty’.
What exactly is changing?
The key points from the announcement:
- - The Government has confirmed it will move ahead with LPS to replace DoLS.
- - A formal consultation on introducing LPS (and a revised Code of Practice under the Mental Capacity Act 2005) will open in the first half of next year (2026).
- - The decision comes after lengthy delays: although the Amendment Act passed in 2019, implementation has repeatedly been postponed.
- The Government describes the DoLS regime as “broken”, citing fears of intrusive assessments, excessive bureaucracy, and a large backlog of legacy cases.
Some of the key design changes proposed for LPS are:
- - A single authorisation route for all ages (16 +) in all care settings (rather than just 18+ and only in hospitals/care homes).
- - Greater embedding of authorisations into mainstream care processes (for example under the Care Act 2014), rather than specialist DoLS paperwork in silos.
- - Initial authorisations may last up to 12 months, with the possibility of longer renewals (e.g., up to 3 years) — addressing one of the criticisms of DoLS.
Why now — what has driven the sudden urgency?
There are several interlocking drivers:
1. Exponential growth in DoLS applications: The judgement in Cheshire West & Chester Council v P (2014) triggered a steep rise in DoLS applications. For example:
- - Applications in England in 2023-24: 332,455 — 25 times the volume a decade earlier. Backlog: 123,790 at end of year.
- - This placed significant strain on local authorities and NHS bodies, and posed serious risks of unlawful deprivation of liberty.
2. Criticisms of the current system
Among the recurring themes:
- - DoLS seen as overly technical, legalistic and divorced from the lived experience of individuals and families.
- - Assessments described as intrusive and distressing for families.
- - Single-setting limitations (care homes/hospitals only) meaning many community and supported-living arrangements still required court proceedings.
3. Legal and rights-based concerns
The main driver is probably the Supreme Court's reconsideration of the Cheshire West case in the reference brought by the Attorney General for Northern Ireland which was heard on 20-22 October 2025. The Government challenged the broader definition of ‘deprivation of liberty’.
DoLS 2.0
The previous government’s decision to dust-gather LPS on the lower priority shelf of policy will please some but frustrate most. Why the human rights of hundreds of thousands of people with disability have not been prioritised is difficult to fathom. But silver linings help to mediate the pain from change of policy. So what might DoLS 2.0 look like using a non-legislative approach whilst we await the current government's decision?
Read the blog here
Read the blog here
Draft Mental Health Bill 2025
End of LPS?
The previous government decided not to proceed with LPS so whether it ever happens will be for the current government to decide. The updated impact assessment estimates there will be 279,000 new LPS applications per year. For further details see:
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