The Deprivation of Liberty process

If someone in a care home or hospital might be deprived of their liberty, the care home or hospital must apply to the local authority’s Safeguarding Team for permission.

Care home or hospital managers must identity those people at risk of being deprived of their liberty and request Deprivation of Liberty authorisation from the Safeguarding Team. An assessment is carried out by an Independent Assessor and authorisation will only be given if if all of the qualifying requirements are met.

These are:

• the person is aged 18 or over
• they have a condition that affects their mental health (like dementia or a learning disability)
• they cannot make decisions about their care or treatment
• the restrictions are in their best interests and are the least restrictive option
• they are not being detained under the Mental Health Act
• there is no valid advance decision that would conflict with the care plan

Family, friends, and professionals will be consulted. The authorisation will only be granted if it is necessary, unavoidable, and in the person’s best interests.

The person also has rights, including the right to challenge the decision and to have someone represent them.