Identifying a deprivation of liberty in the home setting: quick reference guide

This guide explains the factors you should take into account when identifying a deprivation of liberty in a home environment.

Questions for frontline staff

These questions may help establish whether an individual is deprived of their liberty in this context:

  • Is the person prescribed or administered medication to control their behaviour, including on a pro ne nata (PRN) basis;
  • What level of support is provided with aspects of daily living? And is that support provided to a timetable set by the individual or by others?
  • Is technology used to monitor the individual’s location within the home or to monitor when they leave?
  • Does the individual’s care plan provide for the regular use of restraint? If so, under what circumstances and for how long?
  • Is the door to the individual’s home locked? If so, do they have the key (or the code to a keypad)?
  • Are they free to come and go from their own home unaccompanied as they please?
  • Are they regularly locked in their room (or an area of their home) or otherwise prevented from moving freely about their home?
  • Are restrictions placed upon them by professionals as to who they can and cannot see or any other activities that they may or may not engage in?
  • Are they ever left alone in the property and if so, are there whereabouts known at this time?
  • Can they go out alone and without restrictions?
Find out more

Our guidance on the law relating to deprivation of liberty helps solicitors and people working in health and social care to identify when a deprivation of liberty may be taking place.

Explore the full guidance

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