Court Of Protection And Ofsted Issue Deprivation of Liberty Guidance

New Joint Information Published To Clarify Regulations


New guidance on the deprivation of liberty under the Mental Capacity Act 2005 has been issued jointly by the Court of Protection and Ofsted to providers of children’s homes and residential special schools.

Released this month, the guidance has been issued to clarify the key points around the use of deprivation of liberty safeguards in relation to young people who attend such facilities.

Expert Opinion
The Guidance is an important reminder that children’s homes should not restrict the liberty of any child as a matter of routine and should not provide any form of secure accommodation unless the home is an approved secure children’s home.

"It is particularly helpful in view of the forthcoming judgment of the Supreme Court in the case of Cheshire West and Chester Council v P [2011] EWCA Civ 1257, on appeal from the Court of Appeal, in which Irwin Mitchell acted for the respondent.

"It is hoped that the judgment will provide much needed clarity in relation to the law on deprivation of liberty."
Anne-Marie Irwin, Associate