What is a deprivation of liberty?Īrticle 5 of the Human Rights Act states that 'everyone has the right to liberty and security of person. Read more: Liberty Protection Safeguards. Until LPS is fully implemented the current process remains. Under LPS, there will be a streamlined process for authorising deprivations of liberty. Liberty Protection Safeguards (LPS): In July 2018, the Government published a Mental Capacity (Amendment) Bill which will see DoLS replaced by the Liberty Protection Safeguards (LPS). Other safeguards include rights to challenge authorisations in the Court of Protection, and access to Independent Mental Capacity Advocates (IMCAs).This is called the relevant person's representative and will usually be a family member or friend. If a standard authorisation is given, one key safeguard is that the person has someone appointed with legal powers to represent them.There are six assessments which have to take place before a standard authorisation can be given.This is called requesting a standard authorisation. Care homes or hospitals must ask a local authority if they can deprive a person of their liberty.In other settings the Court of Protection can authorise a deprivation of liberty. The Deprivation of Liberty Safeguards can only be used if the person will be deprived of their liberty in a care home or hospital.These are called the Deprivation of Liberty Safeguards. Extra safeguards are needed if the restrictions and restraint used will deprive a person of their liberty.The Mental Capacity Act allows some restraint and restrictions to be used – but only if they are in a person's best interests and necessary and proportionate.The Deprivation of Liberty Safeguards are an amendment to the Mental Capacity Act 2005.
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