Liberty Protection Safeguards (DoLS/LPS)

The Mental Capacity Act 2005 is a law that protects and supports people who do not have the ability to make decisions for themselves. It also provides guidance to support people who need to make decisions on behalf of someone else.

The Care Quality Commission (CQC) estimates that around 2 million people in England and Wales may lack the capacity to make certain decisions for themselves at some point because of illness, injury or disability. The Mental Capacity Act 2005 was designed to empower and protect individuals in these circumstances.

The Deprivation of Liberty Safeguards (DoLS), which apply only in England and Wales, are an amendment to the Mental Capacity Act 2005. The DoLS under the MCA allows restraint and restrictions that amount to a deprivation of liberty to be used in hospitals and care homes – but only if they are in a person’s best interests. To deprive a person of their liberty, care homes and hospitals must request standard authorisation from a local authority.

The Liberty Protection Safeguards (LPS) will replace the Deprivation of Liberty Safeguards (DoLS) soon. This was announced in a Mental Capacity (Amendment) Bill which passed into law in May 2019. Key features will include starting at 16 years of age, and deprivations of liberty having to be authorised in advance by the ‘responsible body’.

This course has been developed by a safeguarding expert and former police officer who led the high risk panel, supporting the most vulnerable adults in our communities. Milly has provided training to care homes and major charities that care for vulnerable adults.