Deprivation of Liberty Safeguards in 2025
Where things stand with DoLS and the (still unimplemented) LPS.

Update (October 2025)
The Liberty Protection Safeguards (LPS) have not been implemented. Deprivation of Liberty Safeguards (DoLS) remain in force. Government paused LPS “beyond the life of the (last) Parliament” in April 2023 and, as of mid-2025, ministers said the case for replacing DoLS with LPS is still under review with no timetable set.
Refresher: what DoLS are (and where they apply)
DoLS are part of the Mental Capacity Act 2005. They protect people aged 18+ who lack capacity to consent to their care arrangements in care homes and hospitals. They require that any deprivation of liberty is necessary, proportionate and in the person’s best interests, with rights to representation and challenge.
Supported living, extra-care and domestic settings are not covered by DoLS; authorisations there typically proceed via the Court of Protection under the MCA. (That broader coverage was one reason LPS was proposed.)
What happened to LPS?
LPS was created in law by the Mental Capacity (Amendment) Act 2019 to replace DoLS and extend safeguards to 16–17-year-olds and to domestic/supported-living settings, with “responsible bodies” (e.g., local authorities, NHS bodies) authorising in advance. The 2022 consultation on the draft Code of Practice concluded, but implementation was delayed beyond the last Parliament (announcement April 2023). As at June 2025, the Commons Library notes there is no timetable and the consultation response still hasn’t been published. In June 2025 the Care Minister told MPs he was “not entirely convinced” about replacing DoLS with LPS; policy remains under review.
Bottom line: treat LPS as on hold. Plan and operate under DoLS until official guidance says otherwise.
Practical implications for providers in 2025
1) Use the DoLS route for care homes and hospitals.
Ensure timely applications to your local supervisory body, proportional conditions, and clear care-plan documentation. CQC continues to scrutinise DoLS practice and highlights ongoing backlogs and variability. C
2) For supported living and other community settings, seek legal authorisation (typically via the Court of Protection) where the MCA “acid test” for deprivation of liberty is met, and record the decision-making rationale carefully.
3) Keep 16–17-year-olds under the current legal position.
LPS would have extended coverage to this group; as LPS is not in force, seek legal advice and appropriate court routes where needed.
4) Expect policy movement but don’t bank on timelines.
Sector bodies (e.g., SCIE) and commentators warn that DoLS backlogs persist while reform stalls. Monitor central guidance but continue to resource DoLS compliance.
5) Use current NHS terminology.
If you reference “responsible bodies” in historic LPS context, note that Clinical Commissioning Groups (CCGs) were replaced by Integrated Care Boards (ICBs) in 2022; however, this only matters if LPS were implemented—which it is not.
Frequently asked questions
Is there a start date for LPS?
No. There is no confirmed timetable for LPS implementation and the government has not published its formal consultation response.
Should we train staff on LPS now?
Prioritise strong MCA/DoLS practice (capacity assessments, best-interests decisions, consultation and review). Keep a watching brief for any official updates.
What are regulators looking at?
CQC continues to report on DoLS, including delays and variable assurance. Good records, timely applications, and person-centred reviews remain essential.
References
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Care Quality Commission (2024). State of Care: DoLS overview. Care Quality Commission
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House of Commons Library (2025). Implementing the Mental Capacity (Amendment) Act 2019. House of Commons Library
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DHSC (2023). Delay to LPS beyond the life of the Parliament (as reported by VoiceAbility and others). VoiceAbility
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SCIE (ongoing). LPS latest and reform commentary. SCIE+1
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Community Care / Local Government Lawyer (2025). Ministerial update; DoLS practice analysis.
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