Yogi Amin
Partner and National Head of Public Law and Human Rights
Unlawful Deprivation of Liberty in a Care Home
If you or someone you know are facing restrictions that you think are unlawful, we may be able to help.
What do I do if someone’s being wrongly deprived of their freedoms?
If a person can’t make their own decisions about their welfare or medical treatment, care homes may restrict their freedoms.
This means they’ll be continually supervised, usually not able to leave their home, given necessary medical treatment, and in some cases, physically restrained.
This must be authorised by a local authority (the ‘supervisory body’), and care homes must follow the Deprivation of Liberty Safeguards (DoLS).
Our Public Law & Human Rights experts can help you if:
- A local authority is not properly following the rules
- An unauthorised deprivation of liberty has been made
- You need to appeal decisions made by someone's deputy or attorney about their care
- You need to make a compensation claim against someone who’s made a wrongful deprivation of liberty
- Someone lacking capacity has expressed a wish to challenge a deprivation, but no one has issued a case in the Court of Protection on their behalf.
We can help you choose the proper course of action, represent you in the Court of Protection, make a claim for compensation under the Human Rights Act, or help you become a deputy for someone whose rights have been wrongfully taken away.
Speak to our specialist
Our team are here to ensure people receive the care, respect, and advocacy they deserve.
When would a deprivation of liberty be made?
A deprivation of liberty would be justifiable if:
- A person lacks the mental capacity to consent to the care arrangements
- The local authority or Integrated Care Board is aware of these arrangements
- A person is confined to a certain place for a long period of time, under constant supervision.
We’re here to help
Complete our enquiry form and one of our experts will contact you by the next working day.
Alternatively, you can call us now.
Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).
0370 1500 100
Frequently Asked Questions
Care homes and hospitals can request assessments, which are carried out by a best interests assessor and a mental health assessor (it cannot be someone who’s already associated with the person’s care).
It covers:
- Whether the person is aged 18 years or over
- Whether the person is aged 18 years or over
- If deprivation of liberty would be in the person’s best interests
- Whether they lack the mental capacity to make decisions about their care
- Whether they should be detained under the Mental Health Act 1983 instead
- Whether a deprivation of liberty would conflict with any previous decision the person made, or with any decisions a deputy or attorney made.
If the assessors authorise a deprivation of liberty, they’ll decide how long the authorisation should last (up to a maximum of 12 months, after which the care homes or hospital have to apply for a new assessment). In emergencies, hospitals can grant themselves urgent DoLS authorisation for seven days.
Our commitment to you
Our experts always start by listening, so we understand what matters most from day one.- 01Clear legal guidance
You will always get straightforward, honest advice, with regular updates to keep you clear on the way forward.
- 02Specialist knowledge
A wide-ranging team of trusted specialists who understand what it takes to protect your future, your family or your business.
- 03Your needs first
Whether you’re navigating complex personal situations or business decisions, we take the time to understand your world and what’s at stake.
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