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Deprivation of liberty: a practical guide

9 April 2015

The Law Society has issued comprehensive guidance on the law relating to the deprivation of liberty safeguards.

The safeguards aim to ensure that those who lack capacity and are residing in care home, hospital and supported living environments are not subject to overly restrictive measures in their day-to-day lives.

The guidance was commissioned by the Department of Health and aims to help solicitors and frontline health and social care professionals identify when a deprivation of liberty may be occurring in a number of health and care settings.

It uses case scenarios to explain the law following the landmark judgment of the Supreme Court in the case of Cheshire West (2014).

The complete guidance is available below. You can also download individual chapters relating to specific care settings.

Quick reference sheets also highlight relevant liberty restricting factors and key questions for practitioners relating to each individual setting.

Guidance documents

Quick reference guides

Listen to the podcast

We have issued a podcast to accompany this guidance. Alex Ruck-Keene, an experienced barrister specialising in mental capacity law, discusses the essential messages flowing from what is a lengthy guidance document. He focuses on:

  • the key points emanating from the Cheshire West case and its practical effect on the ground
  • the correct approach to be taken in making decisions on deprivation of liberty and seeking authorisation

Can't see the audio player above? Listen to the podcast

Earn CPD hours - if you listen to the podcast via our CPD Centre, you will earn 0.5 CPD hours. If you're not already registered, then it's a simple process to sign up and it's free.

Listen to the podcast in the CPD Centre

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