Liberty Protection Safeguards

Under the Mental Capacity (Amendment) Act 2019, Liberty Protection Safeguards will be the new legal framework for authorising a deprivation of liberty for those who lack capacity to consent to their care arrangements.

LPS will provide a new legal framework to uphold and protect people’s rights under Article 5 (Right to Liberty) European Convention on Human Rights for those who lack capacity to consent to their care or treatment arrangements, where those arrangements amount to a deprivation of liberty.

What are the main changes?

  • LPS will introduce a new process for authorising deprivation of liberty and will apply in different settings, including hospitals, care homes, supported accommodation, domestic homes and educational establishments.
  • LPS will be portable, subject to certain reviews.
  • Hospital or social care staff will complete assessments and forward them to another identified professional not connected with the person care, who will then authorise the deprivation of liberty.
  • LPS will apply to anyone 16+ who meet the qualifying criteria
  • Referrals can be made to an Approved Mental Capacity Professional (AMCP).

You can find out more about Liberty Protection Safeguards via the UK Government website or you can speak to your social worker or health professional.

Here you will find a link to the English and Welsh consultation

The UK and Welsh Governments Easy reads and videos can be found below

Or listen to our Podcast produced by Torfaen Voluntary Alliance

Last Modified: 19/05/2022
For more information contact:

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Tel: 01495 762200

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