Deprivation of Liberty Safeguards
The Deprivation of Liberty Safeguards is an addendum to the Mental Capacity Act 2005.
To meet the criteria of the safeguards a person must:
- Be cared for in a hospital or care home; and
- Be aged 18 or over;
- Have a mental disorder, such as Dementia or a Learning Disability and not be liable for detention under the Mental Health Act 1983
- Lack the capacity to consent to where their care is given
- Need to be deprived of their liberty in their best interests to protect them from harm.
The deprivation of a person’s liberty is a very serious matter. That is why the safeguards have been created: to ensure that any decision to deprive someone of their liberty is made following defined processes and in consultation with specific authorities.