Deprivation of Liberty Safeguards

Asif Manzoor - April 2011

asif.manzoor@kirklees.gov.uk

What's new?

The Mental Capacity Act 2005 provides a framework for making decisions on behalf of people who don't have the mental capacity to do so for themselves. The Deprivation of Liberty Safeguards is a new part of the act that will come into practice from April 2009.

The act aims to protect people who lack the mental capacity to make life changing decisions for themselves in care homes or hospitals. The act covers people who suffer from a mental disorder or disability of the mind - such as dementia or a profound learning disability.

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What does depriving people of their liberty mean?

A few years ago, in the 'Bournewood' case, someone with a learning disability was taken to a mental health hospital for treatment. His carers said he should come home but the hospital said he should stay. He wasn't detained under the Mental Health Act but was kept in hospital because staff believed it was in his best interests. He was unable to speak but was clearly unhappy, so this went to court. Because of this case new rules are needed to protect people who may need to be deprived of their liberty in hospitals or in care homes to make sure that it happens when it is in their best interests and there are no other alternatives.

The Bournewood case was about a man whose liberty was taken away. Liberty means being free to do the things you want to do and live where you want to live. There are many ways that someone's liberty can be taken away in a hospital or care home. When deciding if someone has had their liberty taken away it is important to look at things like:

Staff having control over all decisions in a person's life
Having to stay somewhere and not being allowed to leave
Carers not being allowed to take someone home
Unnecessary restrictions on being allowed to see friends or family

But it will always depend on each situation whether or not that person has had their liberty taken away.

Depriving people of their liberty should only happen when it is absolutely necessary and in the person's best interests. The Deprivation of Liberty safeguards aim to make sure that any decision to take away someone's liberty is made following a detailed authorisation process.

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Deprivation of liberty - keeping people safe

The aim of this safeguards is to:

Make sure people can be given the care they need in the least restrictive way, this means following good practice in care homes and hospitals
Prevent decisions being made to suit the home or hopsital rather than the needs of the vulnerable person
Provide safeguards for vulnerable people
Provide the rights to challenge unlawful detention against the person's will

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What are we doing?

We have a project team that will work with staff who work in our residential care services and with organisations who we commission residential care services from. The project team will develop training, procedures and promote awareness to make sure that everyone knows what the new safeguards mean and what is expected from them when the act comes into force in April 2009.

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