Hospitals and care homes can legally restrict the freedom of people who can't make decisions for themselves in order to provide care and treatment - but only if they follow the Deprivation of Liberty Safeguards. If you or someone you know is facing restrictions that you think are unfair, we may be able to help.
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 provide this 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, in order 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 require 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
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.
If you are 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. Call free on 0800 028 1943 or fill out
our online contact form and we'll get back to you.
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