Deprivation of Liberty

A Handbook

By Her Honour Nazreen Pearce, District Judge Sue Jackson

In the UK, 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. 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 UK's Mental Capacity Act 2005, supported by the Deprivation of Liberty Code of Practice, sets out the applicable legal framework. However, subsequent UK case law clearly demonstrates that 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, as well as the balance which has to be struck between responsible action to protect an individual's interests and the preservation of liberty. This book provides professionals at all levels with a concise and 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). It sets out all the relevant statutory material specific to deprivation of liberty. [Subject: Health Care Law, Human Rights Law]

Publication Date: 10/16/2015
Format: Paper
ISBN: 9781784730116