Restricting Freedom (Deprivation of Liberty Safeguards)
The Deprivation of Liberty Safeguards are part of the Mental Capacity Act 2005. They aim to make sure adults in care homes, hospitals or supported living are looked after in a way that does not inappropriately restrict their freedom.
The Deprivation of Liberty Safeguards should ensure that a care home, hospital or supported living arrangement only deprives someone of their liberty in a safe and correct way, and is only done when it is in the best interests of the person and there is no other way to look after them.
These safeguards protect the interests of extremely vulnerable people, and to:
- ensure they can be given the care they need
- prevent decisions that deprive vulnerable people of their rights
- provide safeguards for vulnerable people
- provide them with rights of challenge against unlawful detention
- avoid unnecessary bureaucracy
The safeguards apply to anyone:
- aged 18 and over
- who are in hospitals, care homes or supported living
- who suffers from a mental disorder or impairment of the mind
- who do not have the mental capacity to make decisions about their care or treatment
- for whom deprivation of liberty is considered, after an independent assessment, to be necessary in their best interests to protect them from harm.
A deprivation of liberty safeguard cannot be used if a person has the mental capacity to make decisions, so the person's capacity will be assessed as part of the process. The safeguards do not apply when someone is detained ('sectioned') under the Mental Health Act 1983.