When can someone be deprived of their liberty?

Deprivation of liberty means taking someone’s freedom away. On 19 March 2014 a Supreme Court judgement decided that someone is deprived of their liberty if they are both ‘under continuous supervision and control and not free to leave’.

What is deprivation liberty?

A deprivation of liberty is where your liberty is taken away from you – that is, you are not free to leave and you are under continuous supervision and control. The Mental Capacity Act says that the law allows this only in very specific situations.

What factors may indicate that person may be deprived of their liberty?

Factors that indicate that an individual may be deprived of liberty include: that the person is confined to a restricted place for a non-negligible period of time. that the person does not have the capacity to consent to their care and treatment in those circumstances.

What is the purpose of the deprivation of liberty safeguards?

The Deprivation of Liberty Safeguards (DoLS) procedure is designed to protect your rights if you are, or may become, deprived of your liberty in a hospital or care home in England or Wales, and you lack mental capacity to consent to those arrangements.

What do I do if I think someone is deprived of their liberty without an Authorisation?

Ask the managers of the care home, nursing home or hospital to refer you to the ‘supervisory body’ who can look at your situation to see if there has been an unauthorised deprivation of liberty. Write to the care home, nursing home or hospital (‘managing authority’) to ask them to apply for a ‘standard authorisation’.

What is deprivation of life?

The United Nations has defined the deprivation of life as involving a “deliberate or foreseeable and preventable life-terminating harm or injury, caused by an act or omission” (Human Rights Committee General Comment No.

What is deprivation of liberty lawful and unlawful?

If someone is deprived of their liberty without lawful authorisation, this will amount to a breach of their Article 5 right to liberty. It is unlawful for a public body, such as a local authority or the NHS, to deprive a person of their liberty, without having obtained lawful authorisation.

What are the 3 factors that indicate a person is deprived of their liberty following the Supreme Court ruling?

the person’s compliance or lack of objection; the relative normality of the placement; and. the reason or purpose for the particular placement.

What are the principles of DoLS deprivation of liberty safeguards?

Deprivation of Liberty Safeguards (DoLS) Protect people who lack mental capacity from being detained when this is not in their best interests; To prevent arbitrary detention; To give people the right to challenge a decision.

What factors might lead to an individual lacking the capacity to make a decision?

Examples of people who may lack capacity include those with:

• dementia.
• a severe learning disability.
• a brain injury.
• a mental health illness.
• a stroke.
• unconsciousness caused by an anaesthetic or sudden accident.

Who is responsible for identifying a potential deprivation of liberty?

Hospitals and care homes – are ‘managing authorities’, responsible for identifying when a deprivation of liberty is occurring within their own service provision and for making referrals to the designated ‘supervisory body’.

When do you think someone is being deprived of their liberty?

If you think someone is being deprived of their liberty. Deprivation of liberty safeguards apply to individuals who are assessed as lacking mental capacity in relation to where they live and their care and treatment arrangements. If someone ‘lacks mental capacity’ it means they can’t make a decision for themselves at the time it needs to be made.

How do you choose a representative for deprivation of Liberty?

The person who has been deprived of liberty may choose their representative if they have mental capacity, or have a deputy for health and welfare. They may also have granted someone lasting Power of Attorney for health and welfare decisions. Otherwise the best interests assessor will find someone.

What does deprivation of Liberty mean in mental health?

The Mental Capacity Act calls this a deprivation of liberty. It should only be used if it is the least restrictive way of keeping you safe or making sure you have the right medical treatment. Being deprived of liberty means that you are kept on a locked ward or in a locked room,…

What happens if my deprivation of Liberty authorisation is not granted?

If your deprivation of liberty authorisation is not granted, the supervisory body must inform: you the hospital or care home that made the request any independent mental capacity advocate involved every interested person consulted by the best interests assessor.