Deprivation Of Liberty In A Care Home

A local authority can legally restrict the freedom of a person who lacks the mental capacity to make decisions for themselves. But they must follow the Deprivation of Liberty Safeguards, which are guidelines set out to protect people in such settings who lack capacity to consent to their care and living arrangements. If you or someone you know are facing restrictions that you think are unlawful, we may be able to help.

If you’re held under unlawful restrictions, you’ll feel as though you’ve lost your basic human rights. You’ll be keen to get out of the situation you’re in. This is where we can step in and help.

Being deprived of your basic human rights is a distressing situation. It can also be a complicated process to challenge. That’s why you’ll need the best legal support you can get.

We’ve got experience representing people in Court of Protection proceedings, as well as helping people make claims under the Human Rights Act.

Our lawyers have experience working with individuals who lack mental capacity. These individuals may find themselves being deprived of liberty in a care home through no fault of their own. We also offer a wide variety of other services that can be helpful for individuals who lack mental capacity, such as a representation in healthcare and human rights disputes or help with personal injury trusts.

If you believe you or someone you know is being held unlawfully in a care home, contact our expert team as soon as possible.

To arrange a discussion with no obligation, please call us on 0800 028 1943 or send us an online enquiry and we’ll get back to you.

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Deprivation Of Liberty In A Care Home - More Information

Client Story ‐ Family And Lawyers Speak Out After Son Deprived Of Liberty

"During his placement he was in effect imprisoned, living in locked accommodation miles away from his family. To make things worse, CHH and his family repeatedly stated that he was unhappy and he wanted to live nearer to his family.” - Fiona McGhie, Partner

“When he was in the care home you could see a real difference in him and not for the better. His development went backwards, he became more withdrawn, wouldn’t communicate with people and his mental health suffered. It was heartbreaking to see.” - Client’s mum

Frequently Asked Questions

How Do Deprivation of Liberty Assessments Work?

DoLS assessments decide whether deprivations of liberty are allowed to happen.

Care homes and hospitals can request an assessment for adults who don’t already have deprivation of liberty authorisation. You can also request assessment review for an adult who is currently under deprivation of liberty authorisation if you think the deprivation is unnecessary.

Assessments are carried out by a best interests assessor and a mental health assessor appointed by the relevant local authority or health board. They must not be associated with the person’s care or any other decisions about their wellbeing.

The assessment covers six questions in order to decide if the deprivation of liberty should be authorised:

Is the person aged 18 years or over?
Do they have a mental disorder?
Do they lack the mental capacity to make decisions about their care?
Is deprivation of liberty in the person’s best interests?
Should they be detained under the Mental Health Act 1983 instead?
Would authorisation conflict with any advance decision the person has made or with any decisions made by a court-appointed deputy or someone with lasting power of attorney?

If the assessors authorise a deprivation of liberty, they will decide how long the authorisation should last, up to a maximum of 12 months. Care homes and hospitals must apply for a new assessment once this authorisation runs out in order to continue the deprivation of liberty any longer.

Care home and hospitals can grant themselves urgent DoLS authorisation for 7 days without an assessment in emergencies.

What Does 'Lacking Mental Capacity' Mean?

Mental capacity is defined by someone's ability to make a decision. In order to have the capacity to make a decision, someone must be able to:

Understand what the decision involves
Remember information long enough to make a decision about it
Use and weigh up the information to reach a decision
Communicate the decision

If an adult is able to do all of these things, they have sufficient mental capacity to make a decision. They cannot be subject to a deprivation of liberty unless they agree to be.

If an adult is unable to do any of these things, they lack the mental capacity to make a decision.

Read more about how we can help people with reduced mental capacity on our Court of Protection page.

Why Choose Us?

Being deprived of your basic human rights is a distressing situation. It can also be a complicated process to challenge. That’s why you’ll need the best legal support you can get.

We’ve got experience representing people in Court of Protection proceedings, as well as helping people make claims under the Human Rights Act.

Our lawyers understand how distressing it can be if you or a loved one is being detained against their will. We’ll work tirelessly to fight for your rights and see that the Deprivation of Liberty Safeguards are correctly applied. Each step of the way, we’ll explain each option to you and what you need to do.

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