Liberty Protection Safeguards: what the 2026 consultation means for health and social care providers

On 18 October 2025, the government confirmed that a long-awaited public consultation on the Liberty Protection Safeguards (LPS) will launch in the first half of 2026.

This marks the first concrete step toward replacing the current Deprivation of Liberty Safeguards (DoLS) system, which continues to put heavy pressure on providers in the health and social care sectors due to its onerous requirements and bureaucratic processes.

Since the landmark Cheshire West ruling in 2014, cases have risen sharply, creating a backlog of more than 120,000 applications and leaving the system under strain. That pressure will no doubt continue while the DoLS system remains in place, but there is now at least some prospect of greater efficiency on the horizon.

The proposed consultation was announced in the same week the Supreme Court heard an application by the Attorney General of Northern Ireland to confirm an amendment to the DoLS Code of Practice. Contrary to the Cheshire West approach, this amendment would allow a person without mental capacity to validly consent to a deprivation of their liberty through an expression of their wishes and feelings.

The timing is no coincidence. The decision will influence the final direction of the new Code of Practice and implementation of the LPS.

The consultation, run by the Department of Health and Social Care in partnership with the Ministry of Justice, will seek views from those affected on:

• Streamlining assessments and reducing duplication across agencies
• Allowing the re-use of existing assessments to avoid repeating work unnecessarily
• Introducing longer authorisation periods for people whose circumstances remain stable.

The government’s aim is to design a system that’s simpler, faster and more person-centred, while easing administrative pressure on frontline services. The Minister of State for Care, Stephen Kinnock, summed up the issue clearly:

“There is currently a shameful backlog in the system of unprocessed cases under the current system, which means that people’s rights are not being protected. At the same time, we know that many people in the system and their families find these intrusive assessments distressing.”

Those words will no doubt resonate strongly with current users of the DoLS system and acknowledge the pressing need for reform.

Preparing for the shift to Liberty Protection Safeguards

For now, DoLS remains in force and care homes and hospitals must continue to follow existing authorisation procedures. However, the consultation offers providers an important opportunity to influence the next phase of reform. It’s an indicator that DoLS reform is firmly back on the policy agenda, with significant change likely within the next 12 to 18 months.

Providers should start preparing for this now by engaging with local authorities and professional networks to discuss the potential workforce, training and cost implications of the proposed changes. It’s also wise to factor in staff training needs, as the eventual introduction of LPS will require updated understanding of assessment processes and new documentation.

Individual healthcare professionals should take the opportunity to contribute to the consultation and share their views from a ground-level perspective. This is a chance to help shape the future of the system, making it more efficient, effective and fit for purpose – for the benefit of professionals and the people they support.