Liberty Protection Safeguards: preparing your tender responses

DoLS is failing. LPS is coming.

The Deprivation of Liberty Safeguards (DoLS) system has been widely acknowledged as not fit for purpose. The process is bureaucratic, poorly understood by many practitioners, and has created a backlog of 123,790 individuals waiting for authorisation. Families experience unacceptable delays. Providers navigate a system that even the courts have struggled to interpret consistently.

The Liberty Protection Safeguards (LPS), created under the Mental Capacity (Amendment) Act 2019, were designed to replace DoLS. Originally planned for 2020, implementation was delayed repeatedly — first by COVID, then by the previous government shelving the project entirely in 2023.

In October 2025, the government confirmed that LPS is back. A public consultation will run in the first half of 2026, jointly led by the Department of Health and Social Care and the Ministry of Justice. The earliest implementation date is 2027, with the responses informing a revised Mental Capacity Act Code of Practice.

For care providers bidding for supported living, domiciliary care, and residential contracts, this is not something you can wait to address. Commissioners are already asking about deprivation of liberty in tenders, and forward-looking providers need to demonstrate that they understand what is changing and are preparing for it.

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What LPS will change

From local authority to responsible body

Under DoLS, the local authority (the “supervisory body”) authorises deprivations of liberty. Under LPS, the “responsible body” will authorise them — and who that is depends on the setting:

• Care homes: The local authority remains responsible
• NHS hospitals: The hospital manager becomes responsible
• Community settings (including supported living and domiciliary care): The CCG/ICB or local authority, depending on who arranges the care

This matters for supported living and domiciliary care providers because DoLS currently applies only to care homes and hospitals. LPS will extend to community settings, bringing providers who have never dealt with deprivation of liberty authorisation into the framework.

Broader scope

LPS will cover people aged 16 and over (DoLS applies only to those 18 and over) and will apply in any setting where the person is deprived of liberty, including:

• Supported living
• Shared Lives schemes
• Domestic settings where care is provided
• Day services

If you provide supported living or domiciliary care, this is likely the most significant change. Your staff will need to understand when a care arrangement constitutes a deprivation of liberty and what the authorisation process requires.

Streamlined authorisation process

LPS is designed to be less bureaucratic than DoLS:

• Three conditions must be met: the person lacks capacity to consent to the arrangements, the person is of unsound mind, and the arrangements are necessary and proportionate
• Pre-authorisation reviews by an Approved Mental Capacity Professional (AMCP) for cases where the person objects
• Authorisation periods of up to 12 months initially, renewable for up to 12 months, then up to 3 years

Care plans integrate with LPS

Under LPS, the authorisation record must be linked to the person’s care plan. This means providers will need systems that connect deprivation of liberty arrangements to individual care planning, not treat them as separate administrative processes.

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How this affects tender responses now

Even though LPS is not yet in force, deprivation of liberty is already a live issue in tenders. Here is what commissioners expect.

1. Demonstrate current DoLS competence

Before you can credibly discuss LPS preparedness, you need to show you manage DoLS effectively now.

What to evidence:

• Staff training on Mental Capacity Act 2005 and DoLS (hours, frequency, coverage)
• Process for identifying potential deprivations of liberty in your care settings
• How you apply to the supervisory body for DoLS authorisation
• How you manage conditions attached to DoLS authorisations
• Your approach to best interests assessments
• How you involve families and advocates

For supported living and domiciliary care providers who have not previously dealt with DoLS directly: you still need to demonstrate understanding of the Mental Capacity Act and how you assess capacity in day-to-day care delivery.

2. Show awareness of LPS and your preparation

Commissioners in 2026 expect providers to know LPS is coming. A brief, honest statement of your preparation positions you well.

What to write:

State that you are monitoring the LPS consultation process, that you understand the extension to community settings, and that you are taking specific preparatory steps. Then name those steps:

• Reviewing policies on consent and deprivation of liberty
• Identifying which current care arrangements may constitute deprivation of liberty under the broader LPS definition
• Planning training for staff on LPS once guidance is published
• Reviewing care planning systems to integrate authorisation records

Do not overstate. If a commissioner asks “are you LPS-ready?” the honest answer in 2026 is “we are preparing, because the framework is not yet published.” That is the right answer.

3. Address the supported living and domiciliary care gap

If you deliver supported living or domiciliary care, commissioners may probe whether you understand that LPS will apply to your settings for the first time. Many providers in these sectors have limited experience with formal deprivation of liberty processes.

What to evidence:

• Your current approach to restrictive practices and least restrictive options
• How you assess whether care arrangements might constitute deprivation of liberty (even before formal authorisation)
• Staff understanding of the difference between restriction and deprivation of liberty
• Any work you have done to prepare for LPS extending to community settings

4. Link to CQC evidence

CQC inspections already assess how providers manage deprivation of liberty under the Safe and Well-led key questions. Strengthen this link in your tender responses:

• Reference your CQC evidence on mental capacity and consent
• Show how your governance framework monitors deprivation of liberty across your services
• Demonstrate learning from any DoLS-related incidents or near-misses

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What commissioners will ask in tenders

Based on current tender questions and the direction of LPS reform, prepare for these themes:

“Describe your approach to managing deprivation of liberty.” Cover current DoLS process, staff training, identification of potential deprivations, and your governance framework. Add a forward-looking paragraph on LPS preparation.

“How do you ensure care is delivered in the least restrictive way?” This is the underlying principle. Evidence your positive behaviour support approach, person-centred care planning, and how you balance safety with autonomy. Specific examples score better than policy descriptions.

“How do you involve the person and their family in decisions about restrictions?” Evidence your advocacy arrangements, family engagement processes, and how you record and review consent. This connects directly to both DoLS and LPS principles.

“What training does your staff receive on the Mental Capacity Act?” Specify hours, frequency, whether it is role-specific, and how you assess competence (not just attendance). Include plans to update training once LPS guidance is published.

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Practical steps for providers

1. Audit your current DoLS position. How many active DoLS authorisations do you manage? What is your process for renewals? Are there care arrangements that might constitute deprivation of liberty but have not been referred? Our tender compliance checklist includes deprivation of liberty as a standard check.

2. Review your restrictive practice data. Commissioners increasingly want to see evidence of reducing restrictive practices over time. Track this data now if you do not already.

3. Train your team on the Mental Capacity Act fundamentals. LPS builds on the MCA 2005 principles. If your staff understanding of capacity assessment is weak, that gap will become more visible when LPS raises the profile of these requirements.

4. Watch the consultation. When the LPS consultation launches in H1 2026, read it and respond. It will signal what the final framework looks like and give you the earliest possible preparation time.

5. Update your tender response templates. Add a section on deprivation of liberty that covers both current DoLS competence and LPS awareness. Review and refresh this every quarter as the consultation progresses.

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