05/05/2014
Cheshire West
The recent Supreme Court case of Cheshire West has revolutionised the understanding of what constitutes a deprivation of liberty (“DOL”) for people who lack capacity to make decisions about where they live or what care they received for themselves.
In short, the Supreme Court has clarified that if some one who lacks capacity to make such decisions is under continuous supervision and control and is not free to leave, then they are to be treated as deprived of their liberty. As such there must be a formal mechanism recognized in law to justify such DOL or a court must authorise it.
In practice it is likely that there are many thousands of elderly or learning disabled people who fall within the class of those who are deprived of their liberty (as now recognised) in order to keep them safe.
If you are working with or supporting some one who appears to come within the definition, or simply want to know more, then please do contact us for further advice.
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