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Deprivation of Liberty Safeguards

26 February 2016

The Deprivation of Liberty Safeguards were introduced to provide a legal framework around the deprivation of liberty. These safeguards provide legal protection for those vulnerable people who are, or may become, deprived of their liberty within a hospital or care home. The safeguards exist to provide a proper legal process and suitable protection in those circumstances where, for a person's best interest, deprivation of liberty appears to be unavoidable.
 
The safeguards apply to people in England and Wales who have a mental disorder and lack capacity to consent to the arrangements made for their care.
 
Our administration team is available to answer basic queries on deprivation of liberty from 9am until 5pm Monday to Thursday and 9am until 4.30pm on Friday. A best interests assessor is available on duty to answer more complex queries. 
 

Forms that the managing authority will need to provide: 

  • Form 1 - notice that an urgent authorisation has been given
  • Form 2 - extension of duration of urgent authorisation
  • Form 4 - request for a standard authorisation
  • Form 14 - notification that a suspension of authorisation is needed as eligibility requirement is no longer being met.
  • Form 15 - notification that eligibility requirement has been met again and suspension should be lifted
  • Form 19 - request for a review of a standard authorisation

Forms that can be expected from the council 

  • Form 3 - decision after a request for an extension of urgent authorisation is made.
  • Form 12 - standard authorisation given
  • Form 13 - standard authorisation declined
  • Form 17 - report of unauthorised deprivation of liberty
  • Form 18 - decision following assessor's report of suspected unauthorised deprivation of liberty.
  • Form 20 - notification that a review is taking place
  • Form 22 - decision following a review
  • Form 23 - notification that a standard authorisation has ceased to be in force.

 

You can download these forms from the Department of Health.

Letters

  • Letter1 - for a person to send to the managing authority if they are concerned that there is an unauthorised deprivation of someone's liberty.
  • Letter2 - for a person to send to the council if they are concerned that there is an unauthorised deprivation of someone's liberty.
  • Letter3 - for a person subject to a standard authorisation to send to the council requesting a review of their situation.
  • Letter4 - for the representative of a person subject to a standard authorisation requesting a review