Deprivation of Liberty

This book for health and social care professionals and lawyers presents recent 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 (including a new case law update) * Mental Capacity Act 2005: Deprivation of Liberty Safeguards Code of Practice, and * 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 practitioners time and help them to gain a better understanding of their legal obligations.

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