Liberty Protection Safeguards (not yet fully implemented as of 2024)

E704127

Liberty Protection Safeguards are a forthcoming legal framework in England and Wales designed to authorise and regulate the deprivation of liberty for people who lack mental capacity, replacing and streamlining the existing Deprivation of Liberty Safeguards system.

All labels observed (2)

How this entity was disambiguated

Statements (50)

Predicate Object
instanceOf legal framework ⓘ
safeguards regime ⓘ
aimsTo ensure compliance with Article 5 of the European Convention on Human Rights ⓘ
extend safeguards to a wider range of settings ⓘ
simplify authorisation processes for deprivation of liberty ⓘ
appliesIn NHS hospitals ⓘ
linked to: NHS estate

care homes ⓘ
domestic and community settings ⓘ
independent hospitals ⓘ
appliesTo people who lack mental capacity ⓘ
basedOn Mental Capacity Act 2005 ⓘ
country England ⓘ
Wales ⓘ
designedTo provide clearer responsibilities for health and social care bodies ⓘ
reduce administrative burden compared to Deprivation of Liberty Safeguards ⓘ
geographicalScope England ⓘ
Wales ⓘ
hasPredecessor Deprivation of Liberty Safeguards ⓘ
humanRightsBasis European Convention on Human Rights Article 5 ⓘ
introducedBy Mental Capacity (Amendment) Act 2019 ⓘ
jurisdiction England and Wales ⓘ
legalArea health and social care law ⓘ
human rights law ⓘ
mental capacity law ⓘ
legalRequirement authorisation before lawful deprivation of liberty ⓘ
policyArea adult social care ⓘ
mental health and capacity ⓘ
protects right to liberty of people lacking capacity ⓘ
provides rights to challenge authorisations ⓘ
rights to representation ⓘ
rights to review ⓘ
purpose to authorise deprivation of liberty ⓘ
to protect the rights of people deprived of their liberty ⓘ
to regulate deprivation of liberty ⓘ
to streamline the existing Deprivation of Liberty Safeguards system ⓘ
reformOf Deprivation of Liberty Safeguards ⓘ
regulates deprivation of liberty in care homes ⓘ
deprivation of liberty in community settings ⓘ
deprivation of liberty in hospitals ⓘ
relatedTo Mental Capacity Act Code of Practice ⓘ
replaces Deprivation of Liberty Safeguards ⓘ
requires capacity assessment ⓘ
medical assessment ⓘ
necessary and proportionate assessment ⓘ
shortName LPS ⓘ
statusAsOf2024 not yet fully implemented ⓘ
supervisoryBody responsible health body ⓘ
responsible local authority ⓘ
targetGroup adults lacking capacity ⓘ
young people aged 16 and 17 lacking capacity ⓘ

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Mental Capacity Act 2005 → replacedByInPart → Liberty Protection Safeguards (not yet fully implemented as of 2024) ⓘ
Deprivation of Liberty Safeguards → plannedReplacement → Liberty Protection Safeguards ⓘ
linked to: Liberty Protection Safeguards (not yet fully implemented as of 2024)