The UK government will launch a consultation in 2026 on the proposed Liberty Protection Safeguards (LPS), designed to improve safeguarding measures for people who lack the mental capacity to make decisions about their care. The initiative aims to simplify existing procedures, reduce administrative burdens, and enhance support for families, carers, and health professionals.
The current Deprivation of Liberty Safeguards (DoLS) system has been criticised for its complexity and delays, with more than 120,000 applications pending. The new proposals are intended to streamline processes, minimise unnecessary assessments, and prioritise those most at risk.
The consultation, led jointly by the Department of Health and Social Care and the Ministry of Justice, will invite input from families, carers, and professionals across health and social care. Feedback will inform the final version of the Mental Capacity Act (2005) Code of Practice, to be presented to Parliament.
The LPS framework seeks to reduce repetitive and distressing assessments, particularly for individuals with long-term or unchanging conditions. For example, people living with advanced dementia who are unable to communicate or understand assessments may no longer require annual reviews under the new system.
The consultation follows ongoing discussions about the definition of a “deprivation of liberty,” currently under review by the Supreme Court following a case brought by Northern Ireland. The UK government has been granted permission to contribute to this case, recognising its potential UK-wide impact.
Revisions to the Mental Capacity Act Code of Practice will reflect updates in legislation, case law, and good practice since 2007. The proposed reforms aim to ensure that safeguards are effective, proportionate, and centred on the needs of vulnerable individuals while maintaining their rights and dignity within the care system.
Categories: News