BASW welcomes ‘apparent shift’ in government position on Liberty Protection Safeguards
The Liberty Protection Safeguards (LPS) scheme, which was agreed by parliament in 2019, is designed to replace Deprivation of Liberty Safeguards (DoLS). However, it has been subject to repeated delays, leading to uncertainty as to whether it would be implemented at all.
Ahead of the 2024 General Election, BASW called for the next government to bring forward LPS as early as possible. In July 2025, we wrote to the Minister for Social Care, Stephen Kinnock MP alongside ADASS setting out a strong case for why his department needed to grasp the nettle on introducing LSP in England and Wales. It now seems that our campaigning has paid off.
The benefits of LPS
The introduction of LPS is designed to address many of the challenges arising from the DoLS process. Backlogs for processing DoLS applications are alarmingly high, with only 19% of standard applications being completed within the statutory timeframe. The number of assessments is going up by around 10% each year, putting more pressure on this fragile system.
When assessments are delayed, staff face the challenge of keeping people safe while protecting their rights. People are being unlawfully deprived of their liberty for longer than they should, or where less restrictive options could have been identified sooner.
ADASS have calculated the improvements that LPS would bring, including removing the time limit of reusing previous assessments; extending the maximum authorisation time that can be recommended from 1 to 3 years, and expanding the pool of professionals that can carry out DoLS assessments which are currently restricted only to the role of Best Interests Assessors and DoLS Mental Health Assessors, which could save councils up to £50mn a year and improve outcomes for people.
What has the government announced?
We’re pleased that our arguments have clearly resonated with Ministers and it’s encouraging that they have listened and responded positively.
The Minister for Social Care, Stephen Kinnock MP described the case backlog as ‘shameful’ and that reform was now needed to ensure the ‘best protections and safeguards possible’ for vulnerable people who have been let down by a DoLS system that is ‘broken.’
His comments paved the way for an announcement that the government will consult on introducing LPS in addition to an updated Mental Capacity Act Code of Practice early next year. Read the full announcement here.
BASW Reaction
BASW will of course be adding our full weight to the consultation process when it opens as we continue to push for LPS to finally be instated across England and Wales.
The LPS scheme has been put on the back burner for far too long, during which time too many vulnerable people and staff have been failed as a result.
This apparent shift in the government’s approach is therefore welcome and will represent an important campaign win for BASW if indeed it now results in a long overdue, but hugely significant, change of policy.
