Deprivation of Liberty
Course Outline
The Deprivation of Liberty Safeguards were introduced to provide a legal framework for those vulnerable people who suffer from a disorder or disability of the mind, such as dementia or a profound learning disability, and who lack the mental capacity to consent to the care or treatment they need an that they should be afforded care and treatment that does not limit their rights or freedom of action. The safeguards provide protection for those people who are or may become deprived of their liberty within he meaning of Article 5 of the ECHR in a hospital or care home, whether placed under public or private arrangements. They do not apply to people detained under the Mental Health Act 1983.
Course content to include an overview:
- What are the Deprivation of Liberty safeguards and why are they to be introduced?
- What is deprivation of liberty?
- How and when can deprivation of liberty be applied for and authorised?
- What is the assessment process for a standard authorisation of deprivation of liberty?
- What should happen once assessments are completed?
- When can urgent authorisations of deprivation of liberty be given?
- What is the role of the relevant person's representative?
- When should an authorisation be reviewed and what happens when it ends?
- What happens if someone thinks a person is being deprived of their liberty without authorisation?
- What is the Court of Protection and when can people apply to it?
- How will the safeguards be monitored?
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