In March 2014, the Supreme Court issued a judgment on deprivation of liberty, which clarified what may constitute a situation whereby someone can legally have their liberty taken away. The judgment has a big consequence for those people working in the area of mental capacity. As with any change, there’s likely to be some confusion over the future direction of practice in light of the judgement.
Explaining the 2014 changes
This video explains the recent changes to the Deprivation of liberty (DoL) in light of the Supreme Court Judgment led by Lady Hale, which clarified that people who lack capacity to consent to the arrangements for their care and treatment have the same rights to liberty as anyone else.
Explaining the 2014 changes
Key points
- People with care and support needs have the same rights as everyone else under the Human Rights Act.
- People cannot be deprived of their liberty without it being authorised by a legal process.
- The Supreme Court judgement clarified what may constitute a deprivation of liberty but the Mental Capacity Act (MCA) and the Deprivation of Liberty Safeguards have not been changed.
- Even in a system under pressure, don’t lose sight of the fundamental rights aspects of the MCA.
Who will find this useful?
Care home managers, registered managers, care providers, hospital managers, social workers, best interests assessors, independent mental capacity advocates, people with care and support needs and their families, and people who use services.
Messages for practice
This video looks at how the judgment affects people’s working lives in practice, by looking in detail at two real-life case studies. It follows up a video which introduces the changes that the Supreme Court judgment made.
Messages for practice
Key points
- Authorisations under Deprivation of Liberty Safeguards (DoLS) can be used creatively to enhance people’s daily lives
- The scrutiny that a care plan receives under DoLS can make it more supportive and positive for a person
- Any restrictions on someone’s freedom and ability to make their own decisions must be in their best interests. This is necessary to prevent harm to the person and should be proportionate to the likelihood of that harm happening
- Independent mental capacity advocates and best interest assessors have an important role in making sure people’s rights and quality of life are protected.
Who will find this useful?
This film is for care home managers, registered managers, care providers, hospital managers, social workers, best interests assessors, independent mental capacity advocates, people with care and support needs and their families, and people who use services.