Deprivation of liberties
The Mental Capacity Act 2005 is being amended to offer better protection for hospital patients and those in care homes, who may need to be deprived of their liberty for treatment or care. This follows the Bournewood Case.
People who suffer from a disorder or disability of the mind, such as dementia or a profound learning disability, and who lack the mental capacity to consent to the care or treatment they need, should be cared fo2 in a way that does not limit their rights or freedom of action.
In some cases members of this vulnerable group need to be deprived of their liberty for treatment or care because this is necessary in their best interests to protect them from harm.
The deprivation of liberty safeguards being introduced will strengthen the rights of hospital patients and those in care homes, as well as ensuring compliance with the European Convention on Human Rights (ECHR).
The amendments to the Act have been approved by parliament and will come into effect on 3 November.
The Deprivation of liberty safeguards - Code of Practice contains guidance on the deprivation of liberty safeguards for professionals involved in administering and delivering the safeguards and for people who are, or could become, subject to the deprivation of liberty safeguards, and for their families, friends and carers, as well as for anyone who believes that someone is being deprived of their liberty unlawfully.
This page was last updated on 01 September 2008
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