A remarkable case heard by Lord Justice Hayden sitting at the Court of Protection in London has highlighted the importance of going the extra mile to establish a person’s wishes and feelings, even in circumstances where a person may not be able to...
The law in relation to deprivation of liberty is extremely complex and has been subject to a lot of recent changes. It is therefore important that legal advice is sought at the earliest opportunity. Our specialist solicitors have extensive expertise and knowledge in this complex area of law, call us to discuss your situation on 0175 321 5096.
The term ‘deprivation of liberty’ is often viewed negatively, however, it is often in a person’s best interests to be deprived of their liberty, in order to keep them safe.
What is deprivation of liberty?
The law states that a person may be being deprived of their liberty if they are ‘under continuous supervision and control’, are ‘not free to leave’ and lack mental capacity to consent to the arrangements. For example, a person may live at home with a social care package in place or they may be living in a residential nursing home where the doors are locked and they are only able to go out when supervised by family members, friends or carers to keep them safe, due to their vulnerabilities.
In these circumstances, it is important that the deprivation of liberty is authorised in some way, if authorisation is not obtained then the person may be being unlawfully deprived of their liberty and their human rights may have been breached.
The method of authorising the deprivation of a person’s liberty will depend on where and how that person is being deprived of their liberty. It is therefore important that specialist legal advice is sought if you think that you or someone you know is being deprived of their liberty without authorisation or if you or they disagree with the authorisation.
It may be necessary for an application to be made to the Court of Protection, either to authorise the deprivation of liberty in the first place or to challenge an authorisation that is already in place.