Deprivation of Liberty Safeguards
A Deprivation of Liberty Safeguard is a procedure set up to ensure that people who are currently living in a care home or are in hospital and unable to provide consent about their care arrangements are protected should any provision deprive them of their liberty.
The procedure is called a Community Deprivation of Liberty Safeguard for people living in their own homes.
Alzheimer’s Society state: the ‘Deprivation of Liberty Safeguards’ is a set of checks that are part of the Mental Capacity Act 2005 and applies in England and Wales. These were designed to protect a person receiving care whose liberty has been limited, by checking that this is appropriate and is in their best interests.
A deprivation of liberty is when a person has their freedom limited in some way. It occurs when: ‘The person is under continuous supervision and control and is not free to leave, and the person lacks capacity to consent to these arrangements.’
A deprivation of liberty is common for a person with dementia receiving care who may have:
- decisions made for them or on their behalf
- limitations on where they are allowed to go
- their routine decided for them
