In July 2018, the government published a Mental Capacity (Amendment) Bill which will see DoLS replaced by the Liberty Protection Safeguards (LPS). This passed into law in May 2019. Under LPS, there will be a streamlined process to authorise deprivations of liberty. Read more here: Liberty Protection Safeguards.
The LPS establishes a process for authorising arrangements enabling care or treatment which give rise to a deprivation of liberty within the meaning of Article 5(1) of the European Convention on Human Rights (ECHR), where the person lacks capacity to consent to the arrangements. It also provides for safeguards to be delivered to people subject to the scheme.
Liberty Protection Safeguards (LPS) was due to replace the current DOLS system from October 2020. Due to the COVID-19 pandemic, the government announced a revised date of 1 April 2022.
The LPS Code of Practice and regulation is yet to be published. In the meantime, we are still planning how best to support these changes and will update this page once we know more.