The Law Society has this week issued comprehensive practical guidance on the deprivation of liberty.
The principle aim of the guidance is to assist in identifying when the care or treatment of a person amounts to a deprivation of their liberty, it does not address in detail how that deprivation ought to be authorised. It describes the legal framework and key legal issues that need to be addressed following the Cheshire West case as well as applying the legal principles to practical case scenarios. The main settings it focuses on are care homes, hospitals, psychiatric services, supported living and care at home settings.
Commenting on the new guidance, Law Society president Andrew Caplen said “The deprivation of liberty safeguards are there to protect some of the most vulnerable people in our health and care systems. It is essential that any restrictions on their day to day lives are demonstrably proportionate and in their best interests. This new practical guide aims to help health and social care professionals as well as lawyers understand the law and to implement it more effectively.”
The guidance can be viewed at the following link: