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Who will be covered by the safeguards?

The deprivation of liberty safeguards is a serious matter to be used sparingly, and only when the principles of good care planning and the Mental Capacity Act have been exhausted. The Act covers hospital patients, and people in care homes inspected under the Care Standards Act (2007), whether placed under public or private arrangements. The safeguards apply to adults lacking capacity to give consent to their care or treatment, and prevents arbitrary decision making, gives a legal framework of protection, monitoring and review, and offers the right to appeal and representation.  The new procedure cannot be used to detain people in hospital for treatment of mental disorder in situations where the Mental Health Act is more appropriate. This will mean that people who object will be treated in the same way as people with capacity who refuse treatment for mental disorder and who need to be detained as a result.

 

In March 2014, The Supreme Court determined that a deprivation of liberty can occur in domestic settings where the State is responsible for imposing such arrangements. This could include a placement in a supported living arrangement in the community, placements through Shared Lives Schemes and foster placements for young people aged 16-18 years. Where there is, or is likely to be, a deprivation of liberty in such placements this must be authorised by the Court of Protection.

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This website provides information on the services delivered by Bedford Borough Council.

 


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