A person over the age of 16 is ‘deprived of their liberty’ if they do not have the mental capacity to make decisions about where they live and what care they receive and they are under continuous supervision and control and are not free to leave.
If a person is deprived of their liberty they are entitled to benefit from safeguards that the law provides to ensure that this is justified and as least restrictive as possible of the person’s rights and freedoms.
If a person is deprived of their liberty in a care home or hospital, a local authority is likely to be responsible for authorising that deprivation of liberty and ensuring that the appropriate safeguards are in place. In certain circumstances, including where there is a dispute, or a person is deprived of their liberty at home or in placements in the community, the Court of Protection will need to authorise this.
A person who is deprived of their liberty should be able to challenge this if they wish to do so. However, the law in relation to deprivation of liberty is complex and rapidly changing. If you are involved in a dispute or uncertain about how the deprivation of liberty safeguards work, it is important to seek specialist advice.
Our expert team is very experienced in providing advice in relation to the deprivation of liberty safeguards and representing a range of people and care providers in proceedings relating to deprivation of liberty.