Deprivation of Liberty

Real Life Experiences

ELIZABETH DID NOT LIKE LIVING AT THE CARE HOME AND FREQUENTLY ASKED TO RETURN TO HER OWN HOME.

Elizabeth

Elizabeth had dementia and lived alone in her own home with no support until she suffered a fall that led to her being admitted to hospital. Once in hospital, a doctor assessed her as lacking mental capacity to make decisions about where she should live and what care she should receive once she was discharged from hospital. A decision was made by care professionals and Elizabeth’s social worker that it was in her best interests to be discharged from hospital to a residential care home. Elizabeth did not like living at the care home and frequently asked to return to her own home.

Elizabeth was deprived of her liberty at the care home but the local authority failed to authorise this appropriately. After approximately 12 months the authorisation was put in place and Elizabeth started to receive support from an advocate, who contacted us to express concern about Elizabeth’s circumstances. We then acted on behalf of Elizabeth, on the instruction of her advocate and negotiated with the local authority so that Elizabeth could return home with a package of care. We also acted for Elizabeth in claiming compensation for the fact that she had been unlawfully deprived of her liberty.