Centre for Policy on Ageing



Residents or prisoners? — [deprivation of liberty safeguards]
Author(s)	Julie Griffiths
Journal title	Caring Business, issue no 230, February 2009
Pages	p 24
Source	www.caringbusiness.co.uk
Keywords	Mental disorder ; Residents [care homes] ; Rights [elderly] ; Law.
Annotation	The rules applying to residents and their right to free movement are changing, but not all care homes are aware of the implications. The deprivation of liberty safeguards (DoLS) became a statutory obligation on 1 April 2009. This article notes that the safeguards are intended to prevent arbitrary decision-making on behalf of those with incapacity, following the Bournewood judgment (R v Bournewood Mental Health Trust ex parte L) and the subsequent ruling by the European Court of Human Rights that the person's human rights had been breached. The DoLS were introduced under the Mental Capacity Act 2005 through the Mental Health Act 2007. (RH).
Accession Number	CPA-090407205 A
Classmark	E: KX: IKR: VR *
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...from the Ageinfo database published by Centre for Policy on Ageing.