Deprivation of Liberty Assessments for Solicitors

The Deprivation of Liberty Safeguards were introduced to protect the rights of vulnerable adults.  In particular, people who are admitted into hospital or care homes in circumstances where they don’t have the capacity to make such decisions for themselves.  Where it appears to the care home or hospital that the person’s circumstances amount to a deprivation of liberty the care home or hospital must make an application to the local authority to deprive the person of their liberty.  In most cases, the deprivation of liberty is in the person’s best interest and a necessary and proportionate response to the risk of harm that would otherwise be present.  If this is the case, the local authority authorises the deprivation of liberty which brings with it certain rights for the detained person.  Rights include the appointment of a representative and the right to apply to the Court of Protection to challenge the Deprivation of Liberty.  The representative, or the person themselves, may apply to the Court of Protection and non-means tested legal aid is available to cover the costs of any such application.

If you have been instructed by someone or their representative to assist them to make an application to the Court of Protection or would like a second opinion assessment, I can complete an independent Deprivation of Liberty Safeguards assessment.  If required, I can also complete a mental capacity assessment.  It may be the case that someone has been assessed as lacking capacity incorrectly and subject to the Deprivation of Liberty Safeguards regime unnecessarily.