Deprivation of liberty in light of the Supreme Court judgment: 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.

Messages for practice

  1. People with care and support needs have the same rights as everyone else under the Human Rights Act.
  2. People cannot be deprived of their liberty without it being authorised by a legal process.
  3. 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.
  4. 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.