LPS will apply to people aged 16 and over. LPS can be used in settings other than care homes and hospitals, i.e. supported living, shared lives, private and domestic settings. LPS can be used to authorise day centre and transport arrangements, and will not be tied to accommodation and residence. Court applications will no longer be required for these different settings and arrangements. Authorisations can be given for arrangements in more than one setting, providing the arrangements are similar, and there is no objection from the person or disagreement from others involved. The meaning of deprivation of liberty will continue to be case law led.

The local authority is currently the Supervisory Body for authorising DOLS in both care home and hospitals. Under LPS, the Responsible Body will be the relevant NHS hospital for hospital arrangements and the relevant CCG for NHS continuing health care arrangements. The Responsible Body will be the relevant local authority for other settings, based on ordinary residence, including independent hospitals.

The Appropriate Person will take on the role under LPS, similar to that of the Relevant Person’s Representative (RPR) under DOLS. The Appropriate Person will represent and support the person, and is likely to be a family member or friend. They must consent to this role and cannot be someone who is engaged in providing care or treatment to the person in a professional capacity or for remuneration. The person must consent to the appointment of the appropriate person or, if the person lacks capacity to do so, the Responsible Body must be satisfied that the appointment is in the person’s best interests. An IMCA will be appointed if there is no one to take up the role of the Appropriate Person. The Appropriate Person has a right to IMCA support.

A LPS authorisation can last for an initial period of up to 12 months and can be renewed for a second period of up to 12 months and thereafter for periods of up to 3 years. Longer term renewals will only be used in cases of persons whose condition and circumstances are likely to be long-term and stable. The Responsible Body can at any time determine that an authorisation should cease. The Responsible Body must specify a programme of regular reviews of authorisations, set out in the person’s authorisation record and could include fixed dates or prescribed intervals for reviews.

LPS is now on hold until the life of this parliament.  This means that a decision on whether and/or when to implement LPS will not be taken until after the next election/formation of the next government.