Mentaur News | Deprivation of Liberty Safeguards

Autumn Issue

2008

The Mental Capacity Act - Deprivation of Liberty safeguards

The Mental Capacity Act

Deprivation of Liberty Safeguards

This new law was implemented on 1st April 2009 and it's designed to protect the interests of any vulnerable service users to ensure they are given the care they need in the least restrictive environment. It also seeks to prevent arbitrary decisions that could deprive them of their liberty, provides them with safeguards and with rights of challenge against unlawful detention. You can find an “easy to read” extract from the document prepared by the Department of Health at www.dh.gov.uk/publications. Please find a few relevant points from this website below. If you would like a more detailed summary given or explained to you just ask your Manager or key worker.

The Deprivation of Liberty Safeguards are for people who cannot make a decision about the way they are being treated or cared for in a hospital or care home, where other people are having to make this decision for them.

DoL protects you

Deprivation of Liberty Safeguards are the way to give you the protection you need when you are being cared for or treated in ways that deprive you of your liberty

The Deprivation of Liberty Safeguards are for:

England and Wales

People living in England or Wales

18+

People who are 18 years old or older

Mental disorder or learning disability

People who have a mental disorder such as dementia (a sort of mental illness) or a learning disability

Care home or hospital

People who live in a care home or are staying in hospital, who are lacking capacity to agree to be there. (The people need to be there to get the treatment or care that will protect them from harm in their best interests)