Deprivation of Liberty: Collected Guidance

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Deprivation of Liberty: Collected Guidance

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Following the case of HL v. UK, the Deprivation of Liberty Safeguards were introduced in 2009, making it unlawful to deprive a person of their liberty without proper authorisation.

Five years later, a House of Lords Select Committee found the legislation to be poorly understood, subject to widespread criticism, not used when it ought to be, and not fit for purpose.

The Supreme Court judgment, known as Cheshire West, which sets out an 'acid test' for deciding whether a person is deprived of their liberty, has since led to a huge increase in the number of applications for authorisations.

As there is no specific statutory definition of a deprivation of liberty, professionals must try to interpret the legislation and the case law, and apply it to the relevant circumstances to assess whether or not a person is likely to be deprived of their liberty.

This book aims to help professionals to make these assessments by providing a convenient single source of collected guidance, including the Law Society's Identifying a Deprivation of Liberty: A practical guide.
Identifying a Deprivation of Liberty: A practical guide.
Annex.
Summaries of Key Cases (From 1 March2015).

Appendix: A. Mental Capacity Act 2005 Code of Practice (extracts)
B. Mental Capacity Act2005 Deprivation of Liberty Safeguards Code of Practice
C. Mental Health Act 1983 Code of Practice(Chapter 13)
D. Deprivation of Liberty Safeguards: A guide for hospitals and care homes
E. Guidance forLocal Authorities in the light of the Supreme Court decisions on deprivation of liberty
F. Deprivation ofLiberty in Intensive Care
G. Chief Coroner's Guidance No.16: Deprivation of Liberty Safeguards (DoLS)
H. Positive and Proactive Care: Reducing the need for restrictive interventions.
I. DoH letter: Deprivationof Liberty Safeguards (March 2014)
J. DoH letter: Update following the Supreme Court judgment(September 2014)
K. DoH letter: Update on the MCA and following the Supreme Court judgment(January 2015)
L. DoH letter: MCA and the vital role of social workers (January 2015)
M. CQC briefing:Deprivation of liberty in health and social care (April 2014).

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