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Support for adults

Liberty Protection Safeguards (LPS)

The government has recently been consulting on the new draft Mental Capacity Act (MCA) Code of Practice which includes the new Liberty Protection Safeguards (LPS) which are due to replace the Deprivation of Liberty Safeguards (DoLS).

As an organisation, Devon County Council has responded to the consultation; there were some areas that we felt remained unclear, and we were keen to highlight these in our consultation response.

When the final MCA Code of Practice is agreed and published it will replace and amalgamate the existing MCA Code of Practice and the DoLS Code of practice into one document which will be essential reading for everyone working in social care.

When someone lacks the mental capacity to make decisions about their care and support arrangements and those arrangements amount to a deprivation of the person’s liberty then this will need to be authorised under the Liberty Protection Safeguards.

A deprivation of liberty doesn’t always look the same but it could include supervising a person and knowing where they are at all times or controlling elements of their lives like how they spend their time, how their care or medication is provided or preventing them from going out alone.

When it comes to making any decision about depriving a person of their liberty it must always consider and give weight to the person’s wishes and views as well as involving family and carers. Whilst the aim should be to ensure a person’s wellbeing and safety, consideration must be given to enabling a person to lead a fulfilling life that is not full of unnecessary restrictions.

We are now awaiting the government’s response to the consultation. Until then we continue to work towards the implementation of the Liberty Protection Safeguards in Devon.

We will keep you updated.

The government has published a series of factsheets which can be found here and we have provided some frequently asked questions and answers about the LPS.

Please contact the LPS Project Team at if you have any questions about the Safeguards.

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