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