Deprivation of Liberty Safeguards

E704126

Deprivation of Liberty Safeguards are a legal framework in England and Wales designed to protect people who lack mental capacity from being inappropriately deprived of their liberty in care homes and hospitals.

All labels observed (1)

Label Occurrences
Deprivation of Liberty Safeguards canonical 4

How this entity was disambiguated

Statements (48)

Predicate Object
instanceOf legal framework ⓘ
mental capacity law mechanism ⓘ
safeguarding procedure ⓘ
administeredBy local authorities in England ⓘ
local authorities in Wales ⓘ
appliesIn care homes ⓘ
hospitals ⓘ
appliesTo adults aged 18 or over ⓘ
people who lack mental capacity ⓘ
cameIntoForce 2009 ⓘ
country England ⓘ
Wales ⓘ
criticisedFor bureaucracy ⓘ
complexity ⓘ
delays in authorisation ⓘ
excludes people detained under the Mental Health Act 1983 ⓘ
hasRole managing authority ⓘ
supervisory body ⓘ
includes standard authorisation ⓘ
urgent authorisation ⓘ
introducedBy Mental Health Act 2007 amendments to the Mental Capacity Act 2005 ⓘ
jurisdiction England and Wales ⓘ
legalBasis Mental Capacity Act 2005 ⓘ
managingAuthorityTypically care home or hospital ⓘ
monitoredBy Care Quality Commission in England ⓘ
Healthcare Inspectorate Wales ⓘ
plannedReplacement Liberty Protection Safeguards ⓘ
protectsRight Article 5 right to liberty under the European Convention on Human Rights ⓘ
Article 8 right to respect for private and family life under the European Convention on Human Rights ⓘ
provides right to a representative ⓘ
right to challenge deprivation of liberty in the Court of Protection ⓘ
right to regular review ⓘ
purpose to protect people from being inappropriately deprived of their liberty ⓘ
regulates deprivation of liberty in care homes ⓘ
deprivation of liberty in hospitals ⓘ
relatedTo Cheshire West and Chester Council v P (2014) UK Supreme Court decision ⓘ
Mental Capacity Act Code of Practice ⓘ
requires age assessment ⓘ
best interests assessment ⓘ
eligibility assessment ⓘ
independent assessments ⓘ
mental capacity assessment ⓘ
no refusals assessment ⓘ
that deprivation of liberty is in the person’s best interests ⓘ
that deprivation of liberty is necessary to prevent harm ⓘ
that deprivation of liberty is proportionate to the likelihood and seriousness of harm ⓘ
supervisoryBodyPreviously primary care trust ⓘ
supervisoryBodyTypically local authority ⓘ

How these facts were elicited

Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

Mental Capacity Act 2005 → includesSchedule → Deprivation of Liberty Safeguards ⓘ
Liberty Protection Safeguards → replaces → Deprivation of Liberty Safeguards ⓘ
Liberty Protection Safeguards → reformOf → Deprivation of Liberty Safeguards ⓘ
Liberty Protection Safeguards → hasPredecessor → Deprivation of Liberty Safeguards ⓘ