On Saturday 18 October 2025 Improved safeguarding and protections for vulnerable people - GOV.UK was published. More information can be found here Government will replace DoLS with Liberty Protection Safeguards - Community Care
A consultation on the Liberty Protection Safeguards will be launched in the first half of next year, seeking the views of those affected such as families, carers and practitioners including social workers, nurses, psychologists and occupational therapists. It will be jointly run by the Department of Health and Social Care and the Ministry of Justice.
The responses from this consultation will be used to inform a final Mental Capacity Act (2005) Code of Practice which will be laid in Parliament.
The revised Code of Practice will incorporate changes in case law, legislation, organisational structures, terminology, and good practice since 2007 addressing critical challenges in the existing Deprivations of Liberty Safeguards framework.
The announcement makes reference to a Supreme Court hearing 20-22 October 2025 which will discuss key aspects of the meaning of a deprivation of liberty.
Northern Ireland put forward a challenge to the Supreme Court about what is considered a ‘deprivation of liberty’. This is a challenge to the current Deprivation of Liberty Safeguards, with any ruling having a UK wide impact.
The UK government has been granted permission by the Supreme Court to intervene in this case – as it recognises the issue within the current system and sought to be part of this vital conversation and put forward a UK wide solution.
So, the question is whether the timing of the announcement of a commitment to LPS is connected in any way to the Supreme Court hearing. It would seem that the announcement is too close to the hearing to be coincidental. Either the Government thinks that there may be a favourable decision which narrows the scope of Cheshire West or they are capitalising on the momentum which the Supreme Court reexamination of Cheshire West offers for legal change.
Whatever the reason, it is good to have some acknowledgement of a route forward. Any implementation of LPS will be some years away and we are not clear whether there will be any measures in the interim to deal with the huge numbers of people waiting for assessment. We may know more on that when we have the outcome of the Supreme Court case which will be expected in about six months’ time.