Government Confirms: Liberty Protection Safeguards (LPS) will replace Deprivation of Liberty Safeguards (DoLS)
You may well have seen the announcement over the weekend from the Department of Health & Social Care confirming that the Government has decided to implement the Liberty Protection Safeguards (LPS) as the replacement for the Deprivation of Liberty Safeguards (DoLS).
This news has taken many in the sector by surprise. Over recent years, a general assumption had set in that the LPS would never actually come into force.
A Helpful Timeline
Here’s a quick recap of how we got here:
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2009 – DoLS introduced in England and Wales
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2014 – House of Lords committee describes DoLS as “bad legislation” and recommends replacement
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2014 – Supreme Court delivers the “Acid Test” ruling, massively increasing the number of cases requiring authorisation and leading to significant backlogs
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2017 – Tim Spencer-Lane of the Law Commission leads a review of DoLS, concluding it cannot be improved and must be replaced
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2017–19 – In partnership with St Thomas Training, Tim Spencer-Lane delivers a nationwide series of LPS briefing sessions for around 2,000 health and social care professionals
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2019 – Parliament passes the Mental Capacity (Amendment) Act, paving the way for the LPS
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2019–20 – St Thomas Training runs dozens of LPS training sessions for local authorities and NHS bodies
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2020–24 – The Conservative Government repeatedly postpones LPS implementation
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2024–25 – The Labour Government declines to make a concrete decision
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October 2025 – The Department of Health & Social Care announces that the LPS will be implemented — at some as-yet-unspecified point in the future
Note: The October 2025 announcement applies to England only. Wales could choose to move independently if it wished.
Looking Ahead: What Might Happen Next?
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October 2025 – The Supreme Court is due to hear a request from the Northern Ireland Minister of Health seeking to define deprivation of liberty differently from the “Acid Test” of 2014. A ruling in favour could have implications across the UK.
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2026 – The Government plans to consult on a revised Code of Practice for the LPS
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After consultation – The final Code of Practice and supporting Regulations will be published, setting out how the LPS will operate in practice
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Implementation date – To be announced thereafter
If you’d like to refresh your knowledge, you might find it useful to revisit our dedicated LPS page:
Our Expertise
We’re delighted that Tim Spencer-Lane remains part of our training team. As the Government’s current legal adviser on mental health and mental capacity issues, he will play a central role in guiding the LPS into existence — and will ensure our training remains accurate, insightful, and ahead of the curve.
All of our relevant trainers will also receive in-house updates and CPD to ensure consistent understanding across our team.
If you’d like to stay up to date as more information emerges about the timeline for implementation, consultation, and the new Code of Practice, please subscribe to our newsletter and keep an eye on our socials.
