William Eichler 18 March 2022

Government launches Liberty Protection Safeguards consultation

Government launches Liberty Protection Safeguards consultation   image
Image: Dr ake krisda/Shutterstock.com.

The Government has launched a consultation on Liberty Protection Safeguards to ensure the freedoms and human rights of people who may need assistance making everyday decisions are better protected.

Liberty Protection Safeguards provide protection for people aged 16 and above who need to be deprived of their liberty in order to enable their care or treatment and who lack the mental capacity to consent to their arrangements.

The Department of Health and Social Care and Ministry of Justice has launched a consultation to update the Mental Capacity Act Code of Practice to better support those with dementia, acquired brain injuries, learning disabilities and autism.

The Mental Capacity Act Code of Practice sets out how carers and practitioners can make decisions for others on a day-to-day basis while ensuring the individual is both protected and empowered.

The new Liberty Protection Safeguards being consulted on will introduce an explicit duty to consult with the person and those interested in their welfare to find out the individual’s wishes and feelings about proposed arrangements.

They will also allow people to have representation including independent mental capacity advocates to ensure their rights are protected and assess what safeguards are necessary when decisions are being made.

‘Some of the most vulnerable people in society are lawfully deprived of their liberty to ensure they receive the best possible care, as safely as possible, while they are in hospital or living in a care home,’ said the minister for care and mental health Gillian Keegan.

‘Liberty Protection Safeguards put people at the heart of care, just as we promised in our reform programme and will give them more of a say in their care.

‘The proposed changes will speed up processes and increase fairness, ensuring the balance between a person’s human rights and freedoms and their need to receive the right care in the right place at the right time.’

The new system will replace Deprivation of Liberty Safeguards, which have been in place since 2009, with the consultation starting today.

SIGN UP
For your free daily news bulletin
Highways jobs

SEN Business Support Co-ordinator

Wakefield Council
£17,706.00 - £19,110.00, Grade 8, 18.5 hours, Permanent
Wakefield Council is looking for a SEN Business Support Co‑ordinator Wakefield, West Yorkshire
Recuriter: Wakefield Council

Cleaner Caretaker

North Yorkshire Council
£12.85 - £13.47 per hour (As of 1st April 2026)
Are you looking for a part time cleaning role? York, North Yorkshire
Recuriter: North Yorkshire Council

Future Finance Leaders Trainee Accountant Programme

North Yorkshire Council
£27,254 - £42,839
Are you looking for a full-time position which offers you a rewarding and challenging opportunity? Northallerton, North Yorkshire
Recuriter: North Yorkshire Council

Supervisor WMF2784e

Westmorland and Furness Council
£38,220 - £39,152 (pro rata)
This is a fantastic opportunity for those looking for the next step in their Care career Kendal, Cumbria
Recuriter: Westmorland and Furness Council

Lead Lawyer - Planing & Highways WMF2783e

Westmorland and Furness Council
£51,356 - £52,413
Westmorland and Furness Council will be an ambitious authority that will shape public services for the better Cumbria / Various
Recuriter: Westmorland and Furness Council
Linkedin Banner