Deprivation of Liberty Assessments
We conduct Deprivation of Liberty assessments, which are undertaken by a qualified Best Interest Assessor. We work with local authorities (for care home/hospital assessments) and with solicitors, individuals and families (for community/domestic settings), completing the necessary procedures or Court of Protection forms.
What is a Deprivation of Liberty?
A deprivation of liberty is when a person has their freedom limited in some way. It occurs when someone is 'under continuous supervision and control' and is 'not free to leave', and the person cannot consent to these arrangements. This is commonly referred to as the 'acid test', which was coined following a landmark case called P v Cheshire West 2014. If the 'acid test' is met, a process in law must be followed to ensure there are Safeguards in place to protect the rights of the person concerned.
Our assessments involve:
- Assessing the capacity of the individuals under the Mental Capacity Act 2005 and using relevant case law to determine if a deprivation is occurring.
- Ensuring that any deprivation of liberty is necessary and proportionate.
- Consulting with families and professionals, and weighing the need for restrictions with the importance of promoting the person's autonomy and wellbeing.
- Reviewing the care and support plan to ensure the least restrictive option is in place and that this is in the person's best interests.
We understand that this process can feel daunting so we take the time to explain the background, why this is important and what will happen during our involvement.
If you have any questions or would like to book a call, please feel free to get in touch.
