Government to delay implementation of Liberty Protection Safeguards “beyond life of this Parliament”

The Government has announced it will delay the implementation of Liberty Protection Safeguards (LPS), a decision which has been described as an “unacceptable blow” to people being unlawfully deprived of their liberty.

In a letter to stakeholders on 5 April, the Department of Health and Social Care (DHSC) said the move followed the Government setting out its plans for adult social care reform in its publication of the Next steps to put People at the Heart of Care.

The letter said: ​“To enable us to focus on these critical priorities, the Government has taken the difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament. This was one of a number of decisions taken as part of prioritising work on social care.....

"We recognise that this delay will be disappointing news for the people and organisations who have worked closely with us on the development of the LPS since the Mental Capacity (Amendment) Act was introduced in 2019."

The DHSC said in the letter that although the implementation of LPS has been delayed, it plans to publish a summary of responses to the LPS consultation “in due course”, which will set out further information about the feedback it received.

Voiceability, an independent charity and provider of advocacy and involvement services, said the delay was a “hugely disappointing result for advocates, campaigners and – most importantly – the thousands of people waiting for a Deprivation of Liberty Safeguards (DoLS) assessment”.

Jonathan Senker, VoiceAbility’s chief executive, said: “The government’s decision is an unacceptable blow to the thousands of people who are being unlawfully deprived of their liberty.

“Liberty Protection Safeguards (LPS) were first expected to be implemented in October 2020. Based on the government’s announcement today, we expect to be waiting until 2025, and possibly even longer, for LPS to come into force. That’s at least five extra years of yet more people being deprived of their liberty, sometimes on weak grounds and often without clear legal basis."

He added: “Urgent change is needed to protect people’s rights. The government must work with local authorities now to ensure people’s voices are heard and their rights respected. 

“These actions do not replace the need for thorough reform to safeguard people’s liberty. But we cannot wait – it’s outrageous that people continue to live and, in many cases, die while being unlawfully deprived of their liberty.” 

The charity outlined two things that it said the Government should do now, to ensure people have their “voices heard and their rights upheld”:

1. Make sure people’s voices are heard and support their rights - the Government must redirect resources earmarked for LPS implementation to fund more advocates and Best Interest Assessors and invest in the current DoLS system. 
2. Improve understanding of DoLS - "Awareness and understanding of how the Mental Capacity Act works and the duties and responsibilities within it are often poor even among health and social care professionals. Government must launch a national programme to improve public and professional understanding of the Mental Capacity Act (MCA) and the DoLS."

Also responding to the announcement, the Welsh Government expressed “deep disappointment” with the decision, noting that the right to liberty is “one of our fundamental human rights”.

It announced that in light of the UK Government’s decision, it will need to consider how it can “strengthen the current DoLS system in Wales”.

The Welsh Government revealed that it made £8m funding available in 2022/23 to support preparations for the LPS, noting: “As the regulations and Code of Practice had not yet been finalised, a significant amount of that funding has been utilised to deliver Mental Capacity Act training and to manage the current DoLS system, to ensure that Wales is in a stronger position to transition to the LPS.”

It added: “Despite the decision by UK Government not to implement the LPS within this Parliament, this funding continues to be vital to protect the rights of those who lack mental capacity under the current DoLS system. Welsh Government will therefore continue to provide funding at a comparable level to 22/23 levels, to ensure that that these rights are protected ahead of any future implementation of the LPS.”

The Department for Health and Social Care has been approached for comment.

Lottie Winson