Deprivation of Liberty

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.

Contents

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
6.  
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
14.  
15. Part III: Further information:
16. A Deprivation of liberty: key cases
17. B. Further resources
18. C. Appendix.
19.  
20. Case Law Updates:
21. A. Summaries of recent key cases
22.  
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.

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