Guidance

Liberty Protection Safeguards: criteria for authorisation

Updated 3 August 2021

Applies to England and Wales

© Crown copyright 2021

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/liberty-protection-safeguards-factsheets/liberty-protection-safeguards-criteria-for-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 who lack the mental capacity to consent to their arrangements.

People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity.

Under the LPS, the following steps must be taken for the Responsible Body to authorise arrangements which amount to a deprivation of liberty:

  1. The Responsible Body has complied with its duty to appoint an appropriate person or independent mental capacity advocate (IMCA).
  2. The person, and certain others, have been consulted as far as is practicable and appropriate, about the person’s wishes or feelings.
  3. The 3 assessments and determinations have been carried out.
  4. A pre-authorisation review has been carried out, and the appropriate determination made.
  5. The Responsible Body is satisfied that an authorisation should be given.

The authorisation conditions

Once the LPS process has been triggered, the Responsible Body should determine whether the 3 authorisation conditions are met. These are:

  1. The person lacks the relevant capacity to consent to the arrangements.
  2. The person has a mental disorder, as defined by the Mental Health Act 1983.
  3. The arrangements are necessary and proportionate, that is, the arrangements are necessary to prevent harm to the person and proportionate to the likelihood and seriousness of the risk of harm to the person.

To determine whether the authorisation conditions are met, there are 3 assessments and determinations which must be carried out:

  1. The capacity assessment and determination.
  2. The medical assessment and determination.
  3. The necessary and proportionate assessment and determination.

Consultation

Before the arrangements to deprive someone of their liberty can be authorised, the Responsible Body must ensure the following people are consulted to ascertain the person’s wishes or feelings about the proposed arrangements:

  • the person themselves
  • anyone named by the person as someone who should be consulted
  • anyone engaged in caring for the person or interested in the person’s welfare
  • any attorney of a lasting power of attorney (LPA) or an enduring power of attorney (EPA) granted by the person
  • any deputy appointed by the Court of Protection
  • any appropriate person
  • any IMCA

Pre authorisation review and authorisation

Once the consultation and assessments and determinations have taken place, a pre-authorisation review will be completed. During the pre-authorisation review, all available evidence should be evaluated. The Responsible Body can then decide whether to authorise the arrangements or not.

Back to top