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Mental Capacity Act deprivation of liberty safeguards
— frequently asked questions |
| Corporate Author | Department of Health - DH |
| Publisher | Department of Health - DH, London, 1 February 2008 |
| Pages | 27 pp (Gateway ref: 9381) |
| Source | Download from website: http://www.dh.gov.uk |
| Keywords | Mental disorder ; Rights [elderly] ; Law ; Standards of provision. |
| Annotation | The deprivation of liberty safeguards provide protection for the very vulnerable group of people who are cared for in hospitals or in care homes registered under the care Standards Act 2000 in circumstances that deprive them of their liberty and who are unable to consent (but who are not detained under the Mental Health Act 1963). The safeguard follows the European Convention on Human Rights (ECHR) judgment on the case of HL v the United Kingdom (the Bournewood judgment, (R v Bournewood Mental Health NHS Trust ex parte L). The judgment ruled that the manner in which HL, an autistic man. was deprived of liberty was in breach of Article 5(1) of the ECHR. The Mental Capacity Act 2005 makes provision for the deprivation of liberty safeguards, on which this document provides information in the form of a frequently asked questions briefing. (RH). |
| Accession Number | CPA-090407206 E |
| Classmark | E: IKR: VR: 583 |
Data © Centre for Policy on Ageing |
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| ...from the Ageinfo database published by Centre for Policy on Ageing. |