Key Summary
- Government to replace outdated mental capacity safeguards
- 2026 consultation to gather views from families and carers
- Aims to cut backlog and simplify the system
The UK government is planning to bring in a new Liberty Protection Safeguards aimed to support people who do not have the mental capacity to decide for themselves.
This is in response to constant calls from Care Quality Commission (CQC), Mencap and Mind to replace the outdated safeguards system.
The current Deprivation of Liberty Safeguards is complicated and leads to confusion among professionals, distress for families.
There is a backlog of 123,790 cases that strains social care services, and the 2014 Supreme Court ruling called Cheshire West changed how “deprivation of liberty” is defined.
A proposal consultation by the Department of Health and Social Care, and the Ministry of Justice, will be launched in the first half of 2026.
The consultation will observe various viewpoints such as affected families, carers, social workers, nurses, psychologists, and occupational therapists.
The feedback of the consultation will eventually result in the updation of the Mental Capacity Act Code of Practice.
Minister of state for Care, Stephen Kinnock said, “Safeguarding the vulnerable and protecting their rights is our absolute priority of this government - this is about fixing a broken system by hearing directly from those with lived experience and their families.”
“There is currently a shameful backlog in the system of unprocessed cases under the current system which means that people’s rights are not being protected.”
“At the same time, we know that many people in the system and their families find these intrusive assessments distressing.”
