When Government announced plans to launch a consultation in 2026 on the LPS, many of us experienced a sense of déjà vu. It has been nearly two decades since the Mental Capacity Act (MCA) came into force, and more than a decade since the Deprivation of Liberty Safeguards (DoLS) were introduced.
In that time, the system intended to protect some of the most vulnerable people in our communities has become outdated and overstretched. DoLS were designed to protect the rights of individuals who lack capacity to make decisions about their care and support. Yet in practice, the system has become overly bureaucratic and inconsistent.
Local authorities and the Court of Protection are swamped by backlogs, with some people having to wait months or years for their application to be processed. In the meantime, there is the very real possibility that individuals are being deprived of their liberty without appropriate legal frameworks in place.
DoLS are supposed to be reviewed annually to ensure they are still appropriate for the individual, but these reviews are regularly delayed or do not take place at all. The process can often feel more like a compliance exercise than a genuine safeguard. That is why the forthcoming consultation is such an important opportunity. It offers a chance to redesign these safeguards and processes, so they are simpler, fairer and more person-centred, to build a framework that works in reality, not just in regulation.
Putting people back at the heart
When LPS was first consulted on in 2022, the suggested changes appeared to address some of the issues with the current DoLS process, but there were concerns as to how these changes could be practically implemented.
One of the key concerns with the current process is that applications are not dealt with in a timely manner which has created a considerable backlog. LPS aims to reduce this by streamlining the process and making it more efficient, namely by having all applications processed by one responsible body – the local authority. This would free up the Court of Protection to deal with any disputes or appeals and allow for a more person-centred approach, with local authorities having a holistic view of the individual’s care and support.
However, it is not clear how reducing the number of responsible bodies will help tackle this issue, rather than creating further delays and adding to the existing backlog. The local authority would be expected to handle more applications than before, which would require a considerable amount of time and resources.
LPS also aims to address concerns around annual reviews by increasing the renewal period to longer than a year. Whilst this can be seen as a positive, particularly in situations where an individual lacks capacity and is unlikely to regain capacity, I cannot help but feel worried that this might encourage situations where people are deprived of their liberty for longer than necessary. Without regular reviews, we run the risk of people being overlooked and unnecessary restrictions remaining in place.
A collective responsibility
It is vital that all care providers engage in the consultation. We are the ones with the boots on the ground, responsible for applying these safeguards day to day. We see what works, and what does not. Government intentions are not always the same as practical realities. What looks workable on paper can be very different in practice. That is why our feedback matters. We understand how legislation translates into daily support, and we can highlight where systems risk creating barriers rather than protections.
This is an opportunity to have our experiences heard and share our thoughts about the proposed changes LPS will bring. As the consultation approaches, I would urge every organisation to take part. Share your experience, your concerns and your ideas. The people we support deserve a system that truly protects their rights, not one that limits them through complexity.
What would you contribute to the consultation? Comment on this column or join the conversation to share your thoughts.
Rachel Robins is Clinical Practitioner at Dimensions UK. Email: r[email protected] LinkedIn: @Dimensions-UK