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.