The Liberty Protection Safeguards (LPS): Replacing the Deprivation of Liberty Safeguards - 16 March 2026

The Liberty Protection Safeguards (LPS): Replacing the Deprivation of Liberty Safeguards

The government has announced that after several years delay, the Liberty Protection Safeguards (which became law on 16^th May 2019) will replace DoLS in the not too distant future. Although a formal start date has not been given, the primary legislation is complete and other statutory guidance for the operation of LPS is drafted at an advanced stage. Organisations across health and social care can therefore plan for its introduction and consider its eventual operation. The government estimate is that there will be over 300,000 LPS applications every year. It creates new statutory duties and responsibilities for local authorities, NHS Trusts, ICBs and Welsh health boards as well as care providers. Key points include:

• LPS will apply to any care setting (not just hospitals and care homes)

• NHS Trusts and ICBs will become responsible for assessments and authorisations

• LPS extends to young people aged 16 and 17 rather than 18+ under DoLS

• Many new staff groups will be involved in the assessment process

• The role of the BIA changes significantly

Aims

This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards. The course considers the differences between DoLS and LPS and looks at what the new process will be and who will be affected.

Learning outcomes

• Consider the key differences between DoLS and LPS

• Understand the impact on different services of LPS

• Review the legal criteria, assessment and procedure for LPS authorisations

• Consider the new duties and responsibilities placed on different staff and authorities

Programme

• The current situation – DoLS stats and CQC report

• Liberty Protection Safeguards – overview and current implementation timetable

• Code of Practice – information and status

• DoLS > LPS – what changes

• DoLS > LPS – what stays the same(ish)

• LPS procedure – the 3 stages

• Life sustaining treatment or vital act clause

  • LPS – legal criteria and assessments overview

  • Capacity assessment

  • Deprived of liberty assessment

  • Mental disorder

  • Necessary and Proportionate

  • Excluded arrangements assessment – Mental Health Act

  • Consulting others

  • Objecting

•  Practice points – assistive technology, medication, unescorted leave, community cases

• The LPS assessors

• Pre-authorisation review – role and responsibilities

• Approved Mental Capacity Professional (AMCP) – replacing the role of the BIA

• Duration of LPS and renewal procedure

• Rights for people under LPS

  • Advocacy – IMCA – when and how

  • Appeal – Court of Protection

  • Appropriate person – who and the appointment process

  • Reviews – when and how

•  Responsible Bodies – identification and duties

• Duties on care home managers and care providers

• The Impact Assessment – funding estimates – what is allocated and is it enough?

The course will be delivered by Steven Richards

Steven is a Director of Edge and has worked in the mental health field for over 20 years, both for the NHS and voluntary sector. He has been an in-patient advocate for Mind and as an advocate Steven represented directly before the Court of Protection. Steven was a Mental Health Act Reviewer with the Care Quality Commission for over 10 years and also worked with the CQC as a specialist advisor on the Mental Capacity Act and DoLS. 

He delivers training on the Mental Capacity Act and Mental Health Act across England and Wales to health and social care professionals. Steven has experience of training a wide variety of services including local authorities, ICBs, NHS Trusts, the police, hospices and prison health services. He has spoken at a series of Health Education England conferences on the MCA at the end of life and delivered training on the draft Liberty Protection Safeguards bill to members of the House of Lords.

Steven is co-author of three books:

• Working with the Mental Capacity Act 2005 – 4th edition (ISBN: 978-0-9552349-5-8) 

• Working with the Mental Health Act – 4th edition (ISBN: 978-0-9552349-4-1) 

• Deprivation of Liberty Safeguards (DoLS) Handbook – 1st edition (ISBN: 978-0-9931324-0-7) 

He also co-authors several wall charts on the Acts and an App on the Mental Capacity Act (see below).

Wall Charts all available from www.amazon.co.uk or www.bookswise.org.uk

• Deprivation of Liberty Safeguards (co-author)

• Mental Health Act 1983 (co-author)

• Mental Capacity Act 2005 (co-author)

• Consent and the Mental Capacity Act (co-author)

Apps

The Mental Capacity Act (App) available from the App Store or Google Play

Includes all course materials and a certificate. If you have any queries, please do not hesitate to email events@edgetraining.org.uk  or call 07341 277487.

All Event bookings must be made online with payment made in full by credit / debit card.  We do not send invoices/use Purchase Order numbers for Event bookings for NHS delegates (this policy does not affect our commissioned bookings)

Course access details will be emailed direct to delegate(s) upon completion of your booking.