Hospitals and care homes can legally restrict the freedom of people who can't make decisions for themselves to provide care and treatment. To do this, they must follow the Deprivation of Liberty Safeguards (DoLS). If you or someone you know is facing restrictions that you think are unfair, we may be able to help.
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Most of the time, hospitals and care homes can only provide treatment to adults if they consent to it. Some people with mental health conditions, brain injuries, and other medical problems might not be able to give consent or make decisions about their care. In these cases, the caregiver can apply for authorisation to restrain the person, or prevent them from leaving their placement, to provide the care and treatment they need.
This is called a 'deprivation of liberty' and the Deprivation of Liberty Safeguards set out rules that care homes and hospitals must follow when they limit people's freedom in this way. The safeguards state that any deprivation of liberty is in the person's best interests and is formally authorised by independent professionals.
Our Public Law & Human Rights team can help with:
Challenging an existing deprivation of liberty authorisation for you or someone you know
Challenging unauthorised deprivation of liberty
Appealing decisions in the Court of Protection Making a compensation claim against those responsible for wrongful deprivation of liberty.
When would I need to make a court application?
Until 2014, people living in supported accommodation or their own homes didn’t have the same protective measures as those in care homes and hospital. In these cases, deprivation of liberty is authorised via an assessment process under the Deprivation of Liberty Safeguards (DOLS).
People in supported living or living in their own homes can have just as much restriction placed on their personal freedom as those in care homes. For example, a person may need two carers inside their flat and three carers when out and about in the community. The case that brought this change around was the Cheshire West case. This Supreme Court judgment extended the remit of people who could be found to be deprived of their liberty and who didn’t come within the DOLS regime.
Why choose Irwin Mitchell’s Public Law & Human Rights solicitors?
Our solicitors have been involved with landmark Deprivation of Liberty cases, such as the Cheshire West case, which went to the Supreme Court and changed the law to require regular independent reviews for all people who are deprived on their liberty. This experience with the law at the highest level means we can offer you the best possible advice and representation.
We’ve also been involved in another landmark case where we secured a six-figure compensation settlement for a vulnerable man who was wrongfully deprived of his liberty. We've lawyers and accredited legal representatives across the UK with significant experience and expertise.
Lucy Clement is a senior associate and team leader in the Public Law & Human Rights department in Southampton. She has over a decade's experience working in the field of mental capacity law and community care law, working both in local government and private firms. Lucy is also an Accredited Legal Representative, which is a recognised quality standard for practitioners who offer advice on health and welfare matters under the Mental Capacity Act 2005.
Lucy can help parents/carers who are involved in Court of Protection cases concerned with the authorisation of their loved ones’ care arrangements.
We’ve offices all over the UK, offering you the chance to meet our solicitors in person to discuss your needs confidentially. If you can’t come to see us, we can arrange to meet you at an appropriate location. We work in a way that suits you, so if you prefer, we can arrange, phone or video calls.
If you’re involved with a dispute about a deprivation of liberty, get in touch with us today to find out what our Public Law & Human Rights solicitors can do for you.
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