Deprivation of Liberty Safeguards
E704126
Deprivation of Liberty Safeguards are a legal framework in England and Wales designed to protect people who lack mental capacity from being inappropriately deprived of their liberty in care homes and hospitals.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Deprivation of Liberty Safeguards canonical | 1 |
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
legal framework
ⓘ
mental capacity law mechanism ⓘ safeguarding procedure ⓘ |
| administeredBy |
local authorities in England
ⓘ
local authorities in Wales ⓘ |
| appliesIn |
care homes
ⓘ
hospitals ⓘ |
| appliesTo |
adults aged 18 or over
ⓘ
people who lack mental capacity ⓘ |
| cameIntoForce | 2009 ⓘ |
| country |
England
ⓘ
Wales ⓘ |
| criticisedFor |
bureaucracy
ⓘ
complexity ⓘ delays in authorisation ⓘ |
| excludes | people detained under the Mental Health Act 1983 ⓘ |
| hasRole |
managing authority
ⓘ
supervisory body ⓘ |
| includes |
standard authorisation
ⓘ
urgent authorisation ⓘ |
| introducedBy | Mental Health Act 2007 amendments to the Mental Capacity Act 2005 NERFINISHED ⓘ |
| jurisdiction | England and Wales ⓘ |
| legalBasis | Mental Capacity Act 2005 NERFINISHED ⓘ |
| managingAuthorityTypically | care home or hospital ⓘ |
| monitoredBy |
Care Quality Commission in England
NERFINISHED
ⓘ
Healthcare Inspectorate Wales NERFINISHED ⓘ |
| plannedReplacement | Liberty Protection Safeguards NERFINISHED ⓘ |
| protectsRight |
Article 5 right to liberty under the European Convention on Human Rights
ⓘ
Article 8 right to respect for private and family life under the European Convention on Human Rights ⓘ |
| provides |
right to a representative
ⓘ
right to challenge deprivation of liberty in the Court of Protection ⓘ right to regular review ⓘ |
| purpose | to protect people from being inappropriately deprived of their liberty ⓘ |
| regulates |
deprivation of liberty in care homes
ⓘ
deprivation of liberty in hospitals ⓘ |
| relatedTo |
Cheshire West and Chester Council v P (2014) UK Supreme Court decision
NERFINISHED
ⓘ
Mental Capacity Act Code of Practice NERFINISHED ⓘ |
| requires |
age assessment
ⓘ
best interests assessment ⓘ eligibility assessment ⓘ independent assessments ⓘ mental capacity assessment ⓘ no refusals assessment ⓘ that deprivation of liberty is in the person’s best interests ⓘ that deprivation of liberty is necessary to prevent harm ⓘ that deprivation of liberty is proportionate to the likelihood and seriousness of harm ⓘ |
| supervisoryBodyPreviously | primary care trust ⓘ |
| supervisoryBodyTypically | local authority ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.