Deprivation Of Liberty: A Practical Guide

The Law Society has issued comprehensive guidance on the law relating to the deprivation of liberty safeguards. The safeguards aim to ensure that those who lack capacity and are residing in care home, hospital and supported living environments are not subject to overly restrictive measures in their day-to-day lives. The guidance was commissioned by the Department of Health and aims to help solicitors and frontline health and social care professionals identify when a deprivation of liberty may be occurring in a number of health and care settings.

It uses case scenarios to explain the law following the landmark judgment of the Supreme Court in the case of Cheshire West (2014). The guidance is available to download as a single document, and as individual chapters relating to specific care settings. Quick reference sheets also highlight relevant liberty restricting factors and key questions for practitioners relating to each individual setting. A podcast has also been issued to accompany this guidance. It discusses the essential messages flowing from the guidance document, focusing on the key points emanating from the Cheshire West case and its practical effect on the ground, and the correct approach to be taken in making decisions on deprivation of liberty and seeking authorisation.

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