There has been many calls for the Mental Capacity Act’s Code of Practice and the Deprivation of Liberty Safeguards to be updated. The system as it stands today is extremely outdated – some would say broken – and is in need of urgent change in order to protect vulnerable people from harm.
Update on LPS
While there has been a consultation on a new system to replace DoLS, known as the Liberty Protection Safeguards (LPS), the outcome of this consultation has been delayed numerous times. However, a significant update was published on 18th October 2025, as the Department of Health and Social Care announced a new consultation on the Liberty Protection Safeguards starting in 2026.
Part of the reason for this announcement may well be events currently underway in Northern Ireland where there is a case in progress that challenges Cheshire West ‘acid test’ and what is considered a deprivation of liberty. This is a challenge to the current DoLS process, with any ruling having an impact across the UK.
Outcomes from the previous consultation on the LPS are unknown. We might assume that these may be incorporated into the updated provisions, however this is as yet unclear.
We will share further updates as soon as we have them.