Deprivation of Liberty

Deprivation of liberty safeguards are intended to provide a procedure for the lawful deprivation of liberty of individuals in hospital or care homes. Deprivation of liberty safeguards are contained in the Mental Health Act 2007 and amendments to the Mental Capacity Act 2005.

The Deprivation of Liberty safeguards

  • are designed for people who lack capacity to make a decision about admission to hospital or care home and are effectively deprived of their liberty
  • can only be applied to those aged 18 years or over
  • assessment is carried out by health and social care professionals and is usually carried out in a hospital or care home.

There is no definition of what amounts to deprivation of liberty.  Restriction of a person’s movement is not unlawful, whereas depriving a person of their liberty is unlawful unless the 6 assessments under the deprivation of liberty safeguards are met.  This is in compliance with article 5 of the European Convention on Human Rights.

For help and advice on any on any aspect of deprivation of liberty contact our experienced specialists in Newcastle or South Shields.