Navigating Liberty Safeguards
The realm of liberty safeguards is evolving, with the introduction of Liberty Protection Safeguards (LPS) set to replace the existing Deprivation of Liberty Safeguards (DoLS). This transition brings a mix of continuity and change, aimed at better safeguarding individuals' freedoms and rights under the Mental Capacity Act. Here's what you need to know about your liberty and rights.
What Exactly is Deprivation of Liberty?
Being deprived of liberty means you are not free to leave and are under continuous supervision and control. It's legally regulated to ensure it's only done when absolutely necessary, and as the least restrictive option, to keep you safe or ensure you receive appropriate medical treatment.
When Could You Be Deprived of Your Liberty?
This might occur if you need care in a hospital or care home but lack the capacity to consent. The law sets out specific procedures and protections to ensure any deprivation of liberty is lawful and in your best interest.
The Road to Lawful Deprivation of Liberty
- DoLS at Present : Currently, DoLS applies in care homes and hospitals, with a set of checks to ensure any loss of liberty is legal, necessary, and proportionate.
- Future with LPS : While details are still forthcoming, LPS aims to streamline and improve the process, extending protections to more settings.
Key Principles of Liberty Safeguards
Any action taken must be in your best interest and the least restrictive option available, with specific conditions met under both DoLS and Court of Protection orders.
Authorisation Process for Deprivation of Liberty
Before anyone can be deprived of their liberty, a rigorous authorisation process involving six specific assessments is conducted. This ensures legality, necessity, and that it's tailored to individual needs.
They Are :
- Age Assessment : Confirming the individual is 18 or over.
- Mental Health Assessment : Diagnosing if there's a mental disorder.
- Mental Capacity Assessment : Determining if the individual can make decisions about their accommodation.
- Best Interests Assessmentc: Deciding if the deprivation of liberty is in the individual's best interests, considering their values and views.
- Eligibility Assessment : Ensuring the individual isn't already detained under the Mental Health Act or subject to conflicting requirements.
- No Refusals Assessment : Checking that the deprivation of liberty doesn't conflict with any advance decisions or legal proxies in place.
Challenging and Reviewing Authorisation
If you believe the deprivation of your liberty is unwarranted, you can request a review or appeal to the Court of Protection. The supervisory body can also initiate reviews, especially if circumstances change.
Role and Removal of Relevant Person's Representative
A relevant person's representative supports and represents you in matters connected with the deprivation of liberty authorization. They are carefully chosen and can be removed if they no longer act in your best interest or are ineligible.
Application in Various Settings
While DoLS applies specifically to care homes and hospitals, deprivation of liberty in other settings involves the Court of Protection to ensure proper oversight and protection of your rights.
Specifics on Immediate, Life-Saving Treatment
In emergency healthcare situations, immediate, life-saving treatment, even if restrictive, does not count as deprivation of liberty if it would be the same regardless of your capacity.
By understanding these aspects of the Deprivation of Liberty Safeguards and the upcoming Liberty Protection Safeguards, you can better navigate and understand your rights and protections under these legal frameworks. As the systems evolve, staying informed and knowing the avenues available for support and challenge will empower you to ensure your liberty and rights are respected and upheld.