Deprivation of Liberty

Deprivation of Liberty

Deprivation of Liberty can occur in a Hospital or a Care Home. An individual lacking mental capacity can lawfully be deprived of their liberty to receive treatment or care but the Deprivation of Liberty Safeguards must be followed.  If you or someone you know is facing unfair restrictions, we at RKB Law can help you. 

The law states that an individual lacking mental capacity may be experiencing a deprivation of liberty if they are under continuous supervision and control, not free to leave and the care provided is attributable to the state.  Deprivation of Liberty Safeguards set out rules that care homes and hospitals must follow when they restrict an individual’s freedom in this way. The safeguards require that any deprivation of liberty is in the person's best interests and is formally authorised by independent professionals. If authorisation is not obtained, it may be the case that the hospital or care home is unlawfully depriving an individual of their liberty by reason of their care arrangements, and therefore breaching their human rights.

Our Court of Protection and Mental Capacity solicitors can help with an Deprivation of Liberty cases such as:

  • Challenging an existing deprivation of liberty authorisation in place
  • Challenging unauthorised deprivation of liberty
  • Appealing decisions in the Court of Protection

Deprivation of liberty is a complex area of law, subject to frequent changes, therefore it is important that you seek specialist advice.

For further information about deprivation of liberty, or to speak to one of our Mental Capacity and Court of Protection solicitors today, please contact us on 01622 356 911 or fill in our enquiry form.

Useful Links

 

Deprivation of liberty safeguards - www.scie.org.uk

Challenging a deprivation of liberty through court under section 21A Mental Capacity Act 2005 - 

  • Guidance for RPR’s in the case of RD and other (Duties and Powers of Relevant Persons’ Representatives and section 39D IMCAs) [2016] EWCOP 49 - communitycare.doughtystreet.co.uk

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