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Deprivation Of Liberty

Deprivation Of Liberty

A Deprivation of Liberty may occur when an adult who lacks the mental capacity to make decisions about their care is under continuous supervision and is not free to leave their care environment. This may happen in a hospital, care home or in a community based placement and possibly even in a care at home package of the client’s financial circumstances.

Deprivation of liberty is an important measure to keep the individual safe, however it must be properly authorised in order to be lawful. The authorising body needs to examine whether there is a less restrictive way to provide the individual’s care which does not unnecessarily restrict their freedom or deprive them of their liberty.

Deprivation of Liberty Safeguards (DoLS) are part of the framework introduced by the Mental Capacity Act 2005. A person who is being deprived of their liberty as a result of their care needs is entitled to legal safeguards. The safeguards exist to make sure that the restrictions that have been put in place are necessary and appropriate.

If the individual is in a care home or hospital, the proposed deprivation of liberty must be carefully considered and either authorised or declined by Social Services or the NHS. If the individual is receiving their care in another setting, the proposed deprivation of liberty must be authorised by the Court of Protection.

More information

  • Deputyship applications
  • Lasting Powers of Attorney
  • Mental Health
  • Mental Capacity

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