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Deprivation of Liberty: A Handbook

Provides professionals at all levels with a concise handbook, offering an easily accessible guide to the practice and procedure to be followed in deprivation of liberty cases.
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ISBN/ISSN: 9781784730116

Product description

Why you should buy Deprivation of Liberty: A Handbook

With the increase in both the elderly population and the number of learning disabled adults who need permanent professional care in hospitals and residential homes, health and welfare services have become involved in providing care for vulnerable individuals, often in very difficult circumstances, where there is a fine line between what can be considered to be justified in a person's best interests and what may be regarded as a deprivation of his/her liberty.

The Mental Capacity Act 2005, supported by the Deprivation of Liberty Code of Practice, sets out the applicable legal framework. However, subsequent case law clearly demonstrates that the professionals who have to deal with the subtle issues in this difficult area are struggling with the appropriate knowledge and understanding of the statutory provisions/Art 5 rights, and the balance which has to be struck between responsible action to protect an individual's interests and the preservation of his liberty.

This title provides professionals at all levels with a concise handbook, offering an easily accessible guide to the practice and procedure to be followed in such cases (covering both administrative actions and the role of the Court of Protection) and setting out all the relevant statutory material specific to deprivation of liberty.


‘1 Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law … the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants … 4 Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. Read the full preface...


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Table of contents

  • Preface
  • Table of Cases
  • Table of Statutes
  • Table of Statutory Instruments
  • Introduction
  • What is Deprivation of Liberty?
  • The Deprivation of Liberty Safeguards – The Schedule A1 Regime for
  • Judicial Authorisation of Deprivation of Liberty
  • Urgent Authorisation of Restraint/Detention
  • P’s Status, Involvement in Proceedings and Decisions
  • Appendices
    • Extracts from the Mental Capacity Act 2005
    • Extracts from the Court of Protection Rules 2007, SI 2007/1744
    • Practice Directions Relating to Deprivation of Liberty
    • Mental Capacity (Deprivation of Liberty: Standard Authorisations,
      Assessments and Ordinary Residence) Regulations 2008, SI 2008/1858
    • Mental Capacity (Deprivation of Liberty: Appointment of Relevant
      Person’s Representative) Regulations 2008, SI 2008/1315
    • Mental Capacity Act 2005 (Independent Mental Capacity Advocates)
      (General) Regulations 2006, SI 2006/1832
    • Forms
    • Useful Web Links
  • Index
Read the full contents