Liberty Protection Safeguards
The Liberty Protection Safeguards will provide protection for people aged 16 and above who are or who need to be deprived of their liberty in order to enable their care or treatment and lack the mental capacity to consent to their arrangements.
People who might have a Liberty Protection Safeguards authorisation include those with dementia, autism, and learning disabilities who lack the relevant capacity.
The Liberty Protection Safeguards were introduced in the Mental Capacity (Amendment) Act 2019 and will replace the Deprivation of Liberty Safeguards (DoLS) system. The Liberty Protection Safeguards will deliver improved outcomes for people who are or who need to be deprived of their liberty.
The Liberty Protection Safeguards have been designed to put the rights and wishes of those people at the centre of all decision-making on deprivation of liberty.
The Liberty Protection Safeguards were planned to come into force in April 2022.
On 17 March 2022 the Government launched a public consultation on the proposed changes to the Mental Capacity Act (MCA) Code of Practice for England and Wales, which includes guidance on the new Liberty Protection Safeguards system.
You can find out more and contribute to the consultation on the goverment website.
Liberty Protection Safeguards resources
Resources
You can access any of the following resources:
- Liberty Protection Safeguards resources (Mental Capacity Law and Policy) - which includes a free video walkthrough
- Liberty Protection Safeguards Fact Sheets
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Liberty Protection Safeguards: what are they? (September 2020)
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Liberty Protection Safeguards: overview of the process (November 2020)
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Liberty Protection Safeguards: settings and Responsible Bodies (January 2021)
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Liberty Protection Safeguards: criteria for authorisation (June 2021)
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Liberty Protection Safeguards: the appropriate person and Independent Mental Capacity Advocates (June 2021)
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Liberty Protection Safeguards: the Approved Mental Capacity Professional Role (June 2021)
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Liberty Protection Safeguards: Deprivation of liberty and authorisation of steps necessary for life-sustaining treatment or vital acts (Section 4b) (June 2021)
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Liberty Protection Safeguards: authorisations, renewals and reviews (June 2021)
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Liberty Protection Safeguards: the right to challenge an authorisation in court (June 2021)