Liberty Protection Safeguards: authorisations, renewals and reviews
Updated 3 August 2021
Applies to England and Wales
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The effect and duration of an authorisation
The Liberty Protection Safeguards (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.
People who might have a LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity.
A LPS authorisation can have effect immediately, or at any time within 28 days of the authorisation being issued.
A person’s first authorisation and renewal can be up to 12 months. Renewals can last for up to 36 months.
An authorisation will end sooner if the Responsible Body believes, or ought reasonably to suspect, that any of the authorisation conditions are not met. This means the authorisation ends if one of the following applies:
- the person has capacity, or has regained capacity, to consent to the arrangements
- the person no longer has a mental disorder
- the arrangements are no longer necessary and proportionate
An authorisation also ends at any time the Responsible Body determines that it should end.
The relevant part of an authorisation also ends if the arrangements, at any point, conflict with mental health requirements – for example, a requirement under a community Mental Health Act 1983 power such as a community treatment order.
Renewal and reviews
The Responsible Body can renew an authorisation if it is satisfied that both of the following apply:
- the authorisation conditions are still being met
- it is unlikely that there will be any significant change in the person’s condition during the renewal period, which would affect whether the conditions are met
Before the Responsible Body can renew an authorisation, it must consult with the person and other relevant individuals. This is important because the person’s wishes and feelings in relation to the arrangements may have changed. If they have, the arrangements may no longer be necessary and proportionate.
The authorisation record must specify the programme for reviewing the arrangements during the authorisation period. This could include reviews on specified dates, or at specified regular intervals.
An authorisation record also provides key details about the authorisation, such as the authorised arrangements and the identity of the Responsible Body.
A review must also be carried out if one of the following applies:
- before an authorisation is varied (which can occur in limited circumstances), or if that’s not practicable or appropriate, as soon as practicable afterwards
- if a reasonable request is made by a person with an interest in the arrangements
- if the person becomes subject to mental health arrangements or requirements
- if (in any other case) there has been a significant change in the person’s condition or circumstances
The review process must be completed by individuals, such as approved mental capacity professionals (AMCPs), on behalf of the Responsible Body.