Law Society publishes new guidance on Deprivation of Liberty

The Law Society has issued comprehensive guidance on the law relating to the deprivation of liberty safeguards.

The safeguards aim to ensure that those who lack capacity and are residing in care home, hospital and supported living environments are not subject to overly restrictive measures in their day-to-day lives.

The guidance was commissioned by the Department of Health and aims to help solicitors and frontline health and social care professionals identify when a deprivation of liberty may be occurring in a number of health and care settings.

It uses case scenarios to explain the law following the landmark judgment of the Supreme Court in the case of Cheshire West (2014).

You can read the full document on the Law Society website here.

It is accompanied by a podcast presented by Alex Ruck-Keene, a barrister specialising in mental capacity, which distills the essential messages of the guidance.