Rescare has just received the following newsflash via email from 39 Essex Street, legal chambers who specialise in the Mental Capacity Act, Court of Protection, etc.

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Law Society Guidance: Deprivation of Liberty

Thu 09/04/2015 16:34

Good afternoon.

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).

The complete guidance is available below. You can also download individual chapters relating to specific care settings.

Quick reference sheets also highlight relevant liberty restricting factors and key questions for practitioners relating to each individual setting.

To read this document please visit the Law Society website.

Alex Ruck Keene and Neil Allen, of 39 Essex Chambers, were heavily involved in the creation of this guidance.

Kind regards

Alex, Neil, Tor and Annabel

Whilst aimed at ‘frontline health and social care professionals’, many family and other carers will be affected by the decisions taken by the professionals following this guidance. You do not have to read the guidance in full: it is broken down into subsections e.g. ‘the care home setting’, ‘supported living’, ‘home’. There are also Quick Reference Guides to various topics, and an overview podcast by Alex Ruck Keene. The guidance makes for an enlightening and interesting read (We noted some pertinent comments on respite provision), and it may suggest questions to raise in discussions with ‘professionals’, or at reviews and meetings.