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This factsheet looks at the Deprivation of Liberty Safeguards.
The factsheet covers:
The Deprivation of Liberty Safeguards came into force on 1 April 2009 under amendments to the Mental Capacity Act 2005.
When someone lacks mental capacity to consent to care or treatment, it is sometimes necessary to deprive them of their liberty in their best interests, to protect them from harm.
Having mental capacity means being able to understand and retain information and being able to make a decision based on that information.
The safeguards are intended to protect people who lack mental capacity from being detained when this is not in their best interests; to prevent arbitrary detention; and to give people the right to challenge a decision.
The legislation sets out a procedure for care homes and hospitals to obtain authorisation to deprive someone of their liberty. Without that authorisation the deprivation of liberty will be unlawful. These safeguards are intended to protect individuals from being deprived of their liberty unless it is in their best interests to protect them from harm and there is no other less restrictive alternative.
The information in this factsheet is correct for the period October 2010 – September 2011. Rules and guidance sometimes change during the year.
The factsheet describes the situation in England. There are differences in the rules for Wales, Northern Ireland and Scotland. Readers in these nations should contact their respective national organisation for information specific to where they live.
Download the Deprivation of Liberty Safeguards factsheet (PDF 224 KB)
Download the factsheet Arranging for someone to take care of your decisions and welfare (PDF 311 KB)
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Factsheet on Deprivation of Liberty Safeguards.
A factsheet with more detailed information about how to arrange for someone to look after your money, property and welfare.
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