Liberty Protection Safeguards (LPS): Application in Different Settings
Updated: Oct 5, 2021
What settings does Liberty Protection Safeguards (LPS) apply to?
Unlike Deprivation of Liberty Safeguards (DoLS), LPS will apply to any person aged 16 and above, in any setting in England and Wales. This includes:
NHS hospitals – a hospital that is part of the National Health Service
Independent hospitals – a hospital (or hospice) that is not an NHS hospital, for example one run by a private company or a charity
Care homes – registered care homes in which care is provided
A person’s own home – when a person is receiving care or treatment in their own home. This also includes:
o supported living – services designed to help individuals with disabilities to
maintain their independence in their local community
o shared lives – carers sharing their home and family life with individuals
using a shared lives arrangement
All education facilities – including day and residential schools and sixth form and further education colleges
Transport between authorised locations.
Who will authorise deprivations of liberty in these settings?
Under LPS, the Responsible Body will authorise the arrangements to enable care or treatment, that amount to a deprivation of liberty. The Responsible Body will no longer just be the Local Authority as it is with DoLS. It will vary according to where the arrangements are mainly carried out.
Where arrangements are mainly carried out in an NHS hospital in England, the Responsible Body will be the Hospital Trust.
However, where arrangements are mainly carried out in an independent hospital in England, the Responsible Body will be a Local Authority. The responsible Local Authority will usually be the authority meeting the person’s care and support needs, for example under the Care Act 2014. Otherwise, the Responsible Body will be the Local Authority where the hospital is located.
If the arrangements are not mainly being carried out in a hospital, and instead are being carried out mainly through NHS Continuing Healthcare (CHC), the Responsible Body will be the relevant Clinical Commissioning Group (CCG) in England.
In any other case, the Responsible Body will be a Local Authority. The responsible Local Authority will usually be the authority meeting the person’s care and support needs or, if no Local Authority is meeting the person’s care needs, the authority in which the arrangements are mainly being carried out. An example would be a homeless person whose needs are not being met by a Local Authority, who will receive support from the Local Authority where they are currently located, but with no fixed abode.