Mental Capacity Act (MCA)

LPS

In July 2018, the government published a Mental Capacity (Amendment) Bill, which passed into law in May 2019. It replaces the Deprivation of Liberty Safeguards (DoLS) with a scheme known as the Liberty Protection Safeguards (LPS).

The new legislation was delayed due to the pandemic and is now is expected to come into force April 2022.

Why is there new legislation?

LPS will create new responsibilities for NHS Trusts and clinical commissioning groups (CCGs).

The code of practice and regulations are still being written. While these are being written, we are planning how best to support these changes. Once we know more, a new set of webpages will be launched.

You can find more information about the planned changes on the following websites:

• The Social Care Institute of Excellence guidance on Liberty Protection Safeguards
• Mental Capacity Law and Policy's briefing on LPS

Government consultation

Changes to the MCA Code of Practice and implementation of the LPS

• LPS consultation presentation - 8 and 13 June 2022
• Changes to the law and guidance about making your own decisions (easy read)
• Draft Code of Practice for Mental Capacity Act (MCA) / LPS
• Summary of the draft Code of Practice
• ​Consultation on proposed changes to the Mental Capacity Act 2005 Code of Practice and implementation of the Liberty Protection Safeguards Including the Liberty Protection Safeguards secondary legislation
• LPS factsheets