From deprivation of liberty to liberty protection – why we need a different approach to safeguarding liberty

Part 1: From Deprivation of Liberty Safeguards to Liberty Protection Safeguards

Deprivation of Liberty Safeguards (DoLS) are the current legal protections for people who lack capacity and are deprived of their liberty in residential care or hospital settings. Liberty Protection Safeguards (LPS) are the new system the Government plans to start implementing later in this Parliament, including consulting on the code in 2026.

In this podcast, Claire Barcham, ADASS senior policy and practice officer, speaks to Lorraine Currie, West Midlands ADASS Associate, about what’s not working with DoLs and why we need to move to Liberty Protection Safeguards. 

Part 2: What the UK Supreme Court hearing on “deprivation of liberty” means for us all

In part two, Claire and Lorraine reflect on the implication of the UK Supreme Court hearing in a case put forward by the Attorney General for Northern Ireland on the interpretation of “deprivation of liberty” and “valid consent” under the Mental Capacity Act and Article 5 of the European Convention on Human Rights (ECHR). They discuss the wider impact of the case on the rest of the UK.  

They also look back over the 2014 Supreme Court Cheshire West judgement which redefined the definition of deprivation of liberty and shaped the current law on DoLS, and discuss its impact on policy, services and the people who need safeguarding.  

The Supreme court judgement on DoLS will be heard in 2026. To watch the hearings and read more, please go to: https://supremecourt.uk/cases/uksc-2025-0042