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Deprivation of liberty concerning those in Hospitals , Care homes and Residential Units .
The Mental Capacity Act 2005 contains deprivation of liberty safeguards so that where a person lacking capacity is deprived of his liberty in a care home or hospital the Local Authority or Primary Care Trust may authorise the deprivation of liberty. Deprivation of liberty in these circumstances does not just cover the situation in which a person is actually “locked up” but also those where there is such a degree of control over the person’s care and movements that this amounts to a deprivation of liberty.
Applications can be made to the Court of Protection about whether the deprivation of liberty is lawful and the court can vary or terminate the arrangements for the protected party.
By way of example in a recent case in Bristol a local authority were found to have acted unlawfully when they retained an adult with learning difficulties in a residential unit, sedated her and refused to return her to the care of her family. The authority actions were successfully challenged in the court of protection and she was returned home.
If you need help and advice about any Court of Protection matters you can speak to our solicitors in Bristol and South Gloucestershire.