Understanding new Liberty Protection Safeguards

The Deprivation of Liberty Safeguards (DoLS) are due to be replaced by a new legal process; on 3 July 2018, the Government introduced a parliamentary bill to replace DoLS with Liberty Protection Safeguards (LPS). It is expected that LPS will become law in 2019, but they will not come into force until late 2020; this delay will allow organisations to prepare for the changes and train staff as necessary.

Many charities and others are concerned about the introduction of LPS and in particular about whether they will adequately protect vulnerable adults. At the time of writing this article, about 90 per cent of what LPS will consist of had been agreed. However, a few details were yet to be finalised. 

For anyone who has followed the progress of LPS, it is important to note that there have been many changes along the way. In relation to care homes, the home manager was to be responsible for carrying out the multiple assessments required for LPS. However, after intensive lobbying by both the care home sector and charities, this burden and responsibility has effectively been removed. Depending on your point of view, the change from DoLS to LPS will not be as significant for care homes as it will be for other groups such as NHS trusts.