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Deprivation of Liberty

Collected Guidance
The Law Society
Availability: Published

This book for health and social care professionals and lawyers presents guidance on the deprivation of liberty from a variety of sources in a single book that can be kept readily at hand.

It is designed to help professionals to understand the legislation and case law and apply it to the relevant circumstances in order to assess whether or not a person is likely to be deprived of their liberty. Among the guidance collected in this book are:

  • the Law Society's guidance on Identifying a Deprivation of Liberty
  • Mental Capacity Act 2005: Deprivation of Liberty Safeguards Code of Practice
  • extracts from the Mental Capacity Act 2005 Code of Practice and Mental Health Act 1983 Code of Practice.

Having this and other guidance in a single volume will save you time and help you to gain a better understanding of your legal obligations.


  1. Identifying a Deprivation of Liberty: a practical guide.
  2. Part I: Overview:
  3. A. Introduction
  4. B. The law
  5. C. Key questions after Cheshire West
  7. Part II: Specific settings:
  8. A. The hospital setting
  9. B. The psychiatric setting
  10. C. The care home setting
  11. D. Supported living
  12. E. Deprivation of liberty at home
  13. F. Under 18s
  15. Part III: Further information:
  16. A Deprivation of liberty: key cases
  17. B. Further resources
  18. C. Appendix.
  20. Case Law Updates:
  21. A. Summaries of recent key cases
  23. Further Guidance:
  24. A. Code of Practice: Chapters 1-6
  25. B. Deprivation of Liberty Safeguards: Code of Practice
  26. C. Code of Practice 2015: Chapter 13
  27. D. Office of the Public Guardian and Department of Health: Deprivation of Liberty Safeguards - A guide for hospitals and care homes
  28. E. ADASS Advice Note: Guidance for local authorities in the light of the Supreme Court decisions on deprivation of liberty safeguards
  29. F. Intensive Care Society: Deprivation of liberty in intensive care
  30. G. Chief Coroner's Guidance No.16: Deprivation of Liberty Safeguards
  31. H. Department of Health: Positive and proactive care - reducing the need for restrictive interventions
  32. I. Department of Health letter: Deprivation of Liberty Safeguards
  33. J. Department of Health letter: Update following the 19 March 2014 Supreme Court judgment
  34. K. Department of Health letter: Update on the Mental Capacity Act and following the 19 March 2014 Supreme Court judgment
  35. L. Department of Health letter: MCA 2005 and the vital role of social workers
  36. M. Care Quality Commission briefing: Deprivation of liberty in health and social care.

About the Author

The Law Society




Mental health


December 2015


Law Society




400 Pages