Liberty Protection Safeguards: settings and Responsible Bodies
Updated 3 August 2021
Applies to England and Wales
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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.
Application in different settings
LPS will apply to a deprivation of liberty, for a person aged 16 and above, in any setting in England and Wales. That includes:
- care homes – registered care homes in which care is provided
- NHS hospitals – a health service hospital that is part of the national health service
- education facilities – including day and residential schools and sixth form colleges
- independent hospitals – a hospital that is not an NHS hospital, for example one run by a private company or a charity
-
a person’s own home – when a person is receiving care or treatment in their own home. This includes:
- supported living – services designed to help individuals with disabilities keep their independence in their local community
- shared lives – carers sharing their home and family life with individuals using a shared lives arrangement
Responsible Bodies
Under LPS, the Responsible Body will authorise arrangements that amount to a deprivation of liberty to enable care or treatment. Which organisation is the Responsible Body will vary according to where the arrangements are mainly carried out.
Where arrangements are mainly carried out in an NHS hospital in England, in most cases the Responsible Body will be the hospital trust. In Wales, in most cases the Responsible Body will be the local health board.
Where arrangements are mainly carried out in an independent hospital, in England, the Responsible Body will be a local authority. The responsible local authority will usually be the authority meeting the person’s care and support needs, for example under the Care Act 2014. Otherwise, the Responsible Body will be the local authority where the hospital is located. In Wales, the Responsible Body will be the local health board for the area where the hospital is situated.
If the arrangements are not mainly being carried out in a hospital, and instead are being carried out mainly through NHS continuing healthcare (CHC) or the equivalent in Wales, the Responsible Body will be the relevant clinical commissioning group in England, or the local health board in Wales.
In any other case, the Responsible Body will be a local authority, both in England and in Wales. The responsible local authority will usually be the authority meeting the person’s care and support needs, or, if no local authority is meeting the person’s needs, the authority in which the arrangements are mainly being carried out.