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.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| Liberty Protection Safeguards | 0 |
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
NERFINISHED
ⓘ
care homes ⓘ domestic and community settings ⓘ independent hospitals ⓘ |
| appliesTo | people who lack mental capacity ⓘ |
| basedOn | Mental Capacity Act 2005 NERFINISHED ⓘ |
| country |
England
ⓘ
Wales ⓘ |
| designedTo |
provide clearer responsibilities for health and social care bodies
ⓘ
reduce administrative burden compared to Deprivation of Liberty Safeguards ⓘ |
| geographicalScope |
England
NERFINISHED
ⓘ
Wales NERFINISHED ⓘ |
| hasPredecessor | Deprivation of Liberty Safeguards NERFINISHED ⓘ |
| humanRightsBasis | European Convention on Human Rights Article 5 NERFINISHED ⓘ |
| introducedBy | Mental Capacity (Amendment) Act 2019 NERFINISHED ⓘ |
| 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 NERFINISHED ⓘ |
| 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 NERFINISHED ⓘ |
| replaces | Deprivation of Liberty Safeguards NERFINISHED ⓘ |
| requires |
capacity assessment
ⓘ
medical assessment ⓘ necessary and proportionate assessment ⓘ |
| shortName | LPS NERFINISHED ⓘ |
| statusAsOf2024 | not yet fully implemented ⓘ |
| supervisoryBody |
responsible health body
ⓘ
responsible local authority ⓘ |
| targetGroup |
adults lacking capacity
ⓘ
young people aged 16 and 17 lacking capacity ⓘ |
Referenced by (1)
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)
ⓘ