LPS back on the agenda

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On 18 October 2025 the Department of Health and Social Care and the Stephen Kinnock MP published a news release setting out a major consultation and reform programme for the Liberty Protection Safeguards (LPS) system, aimed at strengthening protections for people who lack mental capacity to make decisions about their care.

For adult social care providers, this is a significant policy update with direct implications for support planning, safeguarding, assessment, relationships with families/advocates, and workforce practice.

What’s changing

Here are the key points from the announcement (with commentary for practitioners):

• The Government will launch a consultation in 2026 on the LPS framework.

• The intention is to replace the current Deprivation of Liberty Safeguards (DoLS) system because it is described as “bureaucratic and complex”, with a backlog of 123,790 individuals awaiting authorisation.

• Under the new system:

• Assessments that exist may be re-used (rather than starting afresh each year) and can last for longer than one year where appropriate.

• The aim is to reduce intrusive processes which are distressing for individuals and families.

• The changes will be embedded in the revised MCA Code of Practice — laid in Parliament — and will incorporate developments in case law (for example the Cheshire West and Chester Council v P & Ors ‘acid test’ decision) and recent challenges.

• The Government is responding to longstanding calls from regulatory bodies such as the Care Quality Commission (CQC), and voluntary sector organisations (such as Mencap and Mind) for reform.

Why now?

Several drivers come together:

• The Cheshire West ruling had a substantial impact on the number of referrals into DoLS and the pressure on local authorities and providers.

• The Government acknowledges that the existing system is causing distress, being resource-intensive and slowing down the pace of authorisations.

• The reform is part of a broader move to shift from tick-box, process-heavy safeguarding to a more proportional, rights-based, person-centred approach that aligns with values of dignity, autonomy, personalisation — themes you emphasise in your training.

• The announcement also signals a shift to clearer, less burdensome processes for providers, carers, families and professionals.

What this means for providers & practitioners

1. Training & workforce development

• Staff (care home managers, supported living providers, home care agencies) should expect forthcoming training updates covering the new LPS framework, changes to recording, assessment scope, and longer validity of decisions.

2. Support planning & operational practice

• Providers should review their internal processes around DoLS: how they identify people who may be deprived of their liberty, how they engage with families and advocates, how assessments are scheduled and recorded, and how they collaborate with local authorities and health partners.

• With the promise of re-using assessments and longer durations, there will likely be less frequent reassessment for people whose condition is stable. That matters for operational workload, costs and how we frame support planning cycles.

• The rights-based language emphasises that even where deprivation of liberty is required, the process should be less “intrusive” and more respectful of the individual’s dignity and relationships (families, friends, culture, preferences).

3. Safeguarding & regulatory compliance

• The reform reinforces that authorising deprivation of liberty remains an important safeguarding mechanism, but also that the system around it must be improved. Providers should expect increased scrutiny from CQC and local authority safeguarding teams about how the current system is working — and how they are preparing for change.

Key challenges & considerations

As with any major reform, there are a number of questions and risks to watch out for:

• What will the time-scale be for implementation? While the consultation is promised for 2026, there may be a transitional phase and two or more years before full roll-out. Providers need to plan accordingly.

• How will the “reuse of assessments” function in practice — what quality standards will apply? There will need to be clarity about when reassessment can be extended or skipped, and how to justify that.

• What will the revised Code of Practice look like, and how will training and policy need to be updated? The earlier MCA Code of Practice was last consulted in 2022 but did not result in changes.

• Importantly, how will the reforms maintain or enhance rights-based outcomes and not simply drive cost, efficiency or paperwork reduction at the expense of the person’s autonomy, relationships and quality of life?

Final thought

The announcement shows that the government is acknowledging long-standing frustrations with the current DoLS system — the backlog, the distress for individuals and families, the complexity for providers — and is signalling a move towards a more streamlined, rights-based, person-centred model via LPS.

For adult social care providers and trainers, this is an excellent opportunity to refresh training, review policy and practice, engage staff in reflective thinking and scenario planning, and get ahead of the transition rather than playing “catch up”.