Update: Originally to be implement on 1 October 2019 but has been postponed to 2 December 2019 [see Department of Health Correspondence]
The Northern Ireland Executive Department of Health has published an information leaflet as guidance literature on the Mental Capacity Act – Deprivation of Liberty Safeguards. The leaflet provides a summary of the key information in relation to the new deprivation of liberty processes.
What is a deprivation of liberty and the Deprivation of Liberty Safeguards?
A deprivation of liberty is when all of the following occur:
- a person is in a place where care or treatment is being provided
- a person is not free to leave
- a person is under continuous supervision and control
A person can be deprived of liberty in any place, for example, a hospital, care home, supported living accommodation or other setting.
Even if the person or others, such as a carer or a relative are happy with the care and the person or others want the person to be there, the law says that if the conditions above are met this is described as a deprivation of liberty.
The deprivation of liberty safeguards is the system to ensure that a person is only deprived of liberty when it is right to do so.