Deprivation of Liberty Safeguards

What are authorities’ duties under the safeguards?

Hospitals and Care Homes (‘managing authorities’) have a duty to;

  • Provide care and treatment in ways that do not deprive a person of their liberty.
  • If this is not possible, then apply to the ‘supervisory body’ for authorisation of the deprivation of liberty.
  • Make an urgent authorisation (for seven days) where a deprivation of liberty is already occurring.

The Council (‘supervisory body’) - has a duty to;

  • Assess any person for whom the ‘managing authorities’ request a deprivation of liberty.
  • Authorise a deprivation if it is necessary in the best interests of a person to whom the Safeguards apply.
  • Set any necessary conditions to make sure the person’s care/treatment meets their needs in their best interests.
  • Set a time-scale for how long a deprivation can last.
  • Keep records of who is being deprived of their liberty

Last Modified: 03/08/2021 16:21:32

Deprivation of Liberty Safeguards