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Mental Capacity (Amendment) Act 2019: Liberty Protection Safeguards (LPS)

Legislation and guidance on the Liberty Protection Safeguards (LPS) and the latest information on progress towards their implementation.

• From: Department of Health and Social Care
• Published: 10 November 2020
• Last updated: 14 June 2022 — See all updates

The Liberty Protection Safeguards (LPS) were introduced in the Mental Capacity (Amendment) Act 2019. LPS 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, in England and Wales.

The government has committed to bringing LPS into force to replace the Deprivation of Liberty Safeguards (DoLS).

In December 2021, we announced a delay to the implementation of LPS. See the letter to the LPS steering group below.

Written ministerial announcement on LPS implementation date: July 2020

Implementation of the Liberty Protection Safeguards. Written ministerial statement by Helen Whately MP, Minister of State (Minister for Care)

LPS National Steering Group meetings

Summary of LPS National Steering Group Meeting: May 2022

Summary of LPS National Steering Group meeting: March 2022

Summary of LPS National Steering Group meeting: May 2021

Summary of LPS National Steering Group meeting: February 2021

Summary of LPS National Steering Group meeting: December 2020

Summary of LPS National Steering Group meeting: October 2020

Consultation on the MCA Code of Practice, including the LPS

The government has opened a public consultation on proposed changes to the Mental Capacity Act Code of Practice, which includes guidance on the new LPS system. The consultation will run for 16 weeks from 17 March 2022.

The consultation is available in Welsh and easy read (Welsh).

• Changes to the MCA Code of Practice and implementation of the LPS
  • 21 June 2022
  • Closed consultation
• Changes to the law and guidance about making your own decisions (easy read)
  • 21 June 2022
  • Closed consultation

Letter to LPS steering group announcing a delay to the implementation of LPS: December 2021

• Liberty Protection Safeguards: delay to implementation
  • 17 December 2021
  • Correspondence

Mental capacity and LPS: legislation and guidance

• Liberty Protection Safeguards Implementation Support
  • 25 June 2021
  • Guidance
• Impact assessment of the Mental Capacity (Amendment) Act 2019
  • 28 January 2021
  • Impact assessment
• Liberty Protection Safeguards factsheets
  • 3 August 2021
  • Guidance

Published 10 November 2020
Last updated 14 June 2022 + show all updates

1. 14 June 2022

   Added link to 'Summary of LPS National Steering Group Meeting: May 2022'.

2. 19 April 2022

   Added link to 'Summary of LPS National Steering Group meeting: March 2022'.

3. 17 March 2022

   Added links to the consultation on the proposed changes to the Mental Capacity Act Code of Practice and implementation of the Liberty Protection Safeguards.

4. 17 December 2021

   Added a letter to the LPS steering group announcing a delay to the implementation of the LPS.

5. 28 June 2021

   Added link to 'Summary of LPS National Steering Group meeting: May 2021'.

6. 4 March 2021

   Summary of LPS National Steering Group meetings for February 2021 added

7. 29 January 2021

   Added link to 'Summary of LPS National Steering Group meeting: December 2020'.

8. 10 November 2020

   First published.