The deprivation of liberty safeguards
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers
The deprivation of liberty safeguards

The following Private Client practice note Produced in partnership with Alex Ruck Keene of 39 Essex Chambers provides comprehensive and up to date legal information covering:

  • The deprivation of liberty safeguards
  • Article 5 ECHR
  • Deprivation of liberty
  • The safeguards
  • The managing authority
  • The supervisory body
  • Standard authorisation
  • Urgent applications
  • DOLS during the COVID-19 pandemic

BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. Brexit will have no automatic impact on the Human Rights Act 1998 (HRA 1998), or the incorporation of the European Convention on Human Rights (ECHR) provided for by the HRA 1998. Nor will it automatically lead to the UK withdrawing its membership from the Council of Europe, which is the parent body of the ECHR and the European Court of Justice and is an entirely separate body from the European Union. For further guidance on the impact of Brexit on the HRA 1998, see: What does Brexit mean for the Human Rights Act 1998?.

Note that this Practice Note does not address specific practice alterations caused by the coronavirus (COVID-19) pandemic. These are addressed in this Practice Note: Coronavirus (COVID-19)—Court of Protection and mental capacity.

In the case of HL v United Kingdom, also known as the Bournewood case, the European Court of Human Rights held that a procedure prescribed by law must be followed where a person with mental disorder is cared for or given treatment in conditions which amount to a deprivation of their liberty.

As a result of this case a number

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