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35,970 claims
The new system will extend protections to settings beyond care homes and hospitals, including supported living and private domestic settings.
extend[s] safeguards to other settings, such as shared lives schemes and children’s care settings, as well as to 16/17-year olds in line with the wider MCA
Policy · Policy statement · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 15
The proposed new system aims to improve compliance with human rights law, particularly Article 5 of the European Convention on Human Rights.
The Liberty Protection Safeguards will provide an authorisation process and review scheme that is Article 5 compliant
Policy · Policy statement · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 17
The policy aims to create a simplified legal framework for deprivation of liberty authorisations.
To create a new simplified legal framework which is accessible and clear to all affected parties
Policy · Policy statement · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 13
In 2018/19, over 51,000 cases had a duration of more than one year without completion.
Of these just under 40% (51,535) had a duration of over one year.
Metric · Observational claim · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 13
The terminology used in the DoLS system is seen as stigmatising and may discourage care providers from seeking authorisations.
The Law Commission found in their engagement that the label “Deprivation of Liberty Safeguards” is also seen as stigmatising and may make care providers reluctant to seek authorisations.
Service · Observational claim · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 12
The DoLS system is overly complex, requiring six separate assessments for each application.
The current DoLS system requires six separate assessments to be carried out for each application and every application needs to be approved by a Best Interests Assessor (BIA).
Service · Observational claim · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 12
The DoLS system is limited in scope and not cost-effective, leading to increased stress for people and their families.
This means the authorisation of deprivations of liberty outside these settings, such as in supported living and private and domestic settings, must be dealt with by the Court of Protection. This is also the only route for authorisations for 16/17-year olds who are not covered by DoLS, although they are covered by other provisions within the MCA. This is a more expensive process for local authorities and NHS bodies (compared to authorisations under the DoLS) and can result in delay and increased stress for the person concerned, and their family or unpaid carers.
Service · Observational claim · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 12
The estimated number of cases involving deprivations of liberty in settings not covered by DoLS is around 59,600.
We estimate that there are around 59,600 cases involving deprivations of liberty in these settings. This is revised upwards from the Law Commission estimate of 53,000 following the latest Re D judgement that parents cannot consent to their child being deprived of their liberty.
Service · Observational claim · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 10
The number of DoLS applications in England increased from 13,715 in 2013/14 to 240,455 in 2018-19.
According to the Law Commission, in 2013/14, prior to the Supreme Court ruling in Cheshire West, the total number of DoLS applications in England was 13,715. The most recent data from NHS Digital shows that the number of DoLS applications in England has increased to 240,455 in 2018-19.
Service · Observational claim · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 10
The new system is expected to reduce costs for care providers by removing uncertainty and waiting times for assessments.
Care providers: Removes uncertainty of waiting for assessments to be completed.
Service · Observational claim · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 5
The new system will provide significant non-monetised benefits such as improved care outcomes, individual rights and compliance with the law.
Note also the significant but non-monetised benefits described below in terms of care outcomes, individual rights and compliance with the law.
Service · Observational claim · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 4
The new Liberty Protection Safeguards model is expected to save £1,663 million over ten years compared to the existing DoLS system.
Net Benefit (Present Value (PV)) (£m) Low: £678m High: £3,031m Best Estimate: £1,663m
Financial · Funding statement · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 4
The preferred option is to implement a new adjusted Liberty Protection Safeguards model, which is seen as proportionate and cost-effective.
Our preferred option is a variation of the Law Commission’s Liberty Protection Safeguards (LPS) proposal. It is our preferred approach for implementation because it is proportionate, cost-effective and resolves the problems identified in the existing DoLS system in a timely way.
Policy · Policy statement · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 1
The current system of Deprivation of Liberty Safeguards is overwhelmed and results in thousands of people being unlawfully deprived of their liberty.
There are two key challenges with the DoLS system. Firstly, it is complex and overly bureaucratic. Secondly, since DoLS was introduced, two court judgements (Cheshire West and Re D) have broadened the scope of the system, resulting in it being overwhelmed. It is believed that thousands of people, are unlawfully deprived of their liberty, resulting in non-compliance with the law, and associated breaches of human rights.
Context · Observational claim · From Impact assessment of the Mental Capacity (Amendment) Act 2019 — Impact assessment of the Mental Capacity (Amendment) Act 2019, page 1
The Deprivation of Liberty Safeguards were found to be bureaucratic and too complex.
DoLS system, which was found to be “bureaucratic” and “too complex” by a House of Lords Committee in 2014
Context · Observational claim · From Impact assessment of the Mental Capacity (Amendment) Act 2019, [page]
The Liberty Protection Safeguards were introduced to replace the Deprivation of Liberty Safeguards.
LPS will provide the framework to determine whether a deprivation of liberty is necessary and proportionate for the care or treatment of an individual who lacks the mental capacity to consent to their arrangements, in England and Wales. They will replace the Deprivation of Liberty Safeguards (DoLS) system
Policy · Policy statement · From Impact assessment of the Mental Capacity (Amendment) Act 2019, [page]
The Deprivation of Liberty Safeguards (DoLS) apply when a person is deprived of their liberty in care homes or hospitals.
These safeguards apply when a person is ‘deprived of their liberty’ in a care home or hospital, in England or Wales.
Policy · Policy statement · From Liberty Protection Safeguards factsheets, [page]
The Deprivation of Liberty Safeguards (DoLS) are used to authorise care or treatment arrangements for individuals lacking mental capacity.
DoLS is the system used to authorise the care or treatment arrangements of an individual who lacks mental capacity to consent to their arrangements.
Policy · Policy statement · From Liberty Protection Safeguards factsheets, [page]
Liberty Protection Safeguards (LPS) are set to replace the Deprivation of Liberty Safeguards (DoLS).
Information about the LPS system, which will be replacing the Deprivation of Liberty Safeguards (DoLS).
Policy · Policy statement · From Liberty Protection Safeguards factsheets, [page]
No trustee received any expenses during the year or the previous year.
No trustee received any expenses during this year or the previous year.
Governance · Procedural statement · From Serendipity Creative Writers' Group — annual report and accounts, year ending 30 November 2025, page 10