If you are a health and social care provider in the UK, you’ve likely heard about the upcoming shift from DoLS (Deprivation of Liberty Safeguards) to the new LPS (Liberty Protection Safeguards).
At HSCPN, we want to make sure our members have the latest facts. Here is a plain English guide to the 2026 updates and how they will impact your care service.
What is the Liberty Protection Safeguards (LPS)?
The Liberty Protection Safeguards are a new set of rules designed to protect the rights of people who lack the mental capacity to consent to their care arrangements.
While the current DoLS system has been criticised for being too “paperwork heavy,” the new LPS framework aims to be more streamlined. However, it also brings more responsibility to providers in community settings and those caring for younger people.
LPS vs. DoLS: What is changing in 2026?
The government has confirmed a new consultation on the Mental Capacity Act Code of Practice in early 2026. While the full “switch over” is expected in 2027, here are the three biggest changes you need to prepare for:
- Lower Age Limit: LPS will apply to everyone aged 16 and over. Currently, DoLS only covers adults aged 18+.
- All Care Settings: DoLS only applies to hospitals and care homes. The new LPS will cover supported living, shared lives, and domiciliary care (home care).
- Streamlined Assessments: Instead of six assessments, there will only be three. This should make the process faster for your staff and less intrusive for your service users.
Why is there a delay in LPS implementation?
The government originally planned to launch LPS sooner but has delayed the rollout to ensure the sector is ready. According to the latest Care England 2026 update, the upcoming 2026 consultation is the final chance for providers to shape how these laws will work in practice.
How HSCPN Members can prepare now
You don’t need to wait until 2027 to take action. To stay compliant with CQC regulations and the Mental Capacity Act, we recommend:
- Review your 16-17-year-old residents: If you provide care for young people, start thinking about how their liberty is protected now.
- Audit your staff training: Ensure your team understands the “Least Restrictive” principle of the Mental Capacity Act.
