Deprivation of liberty – practical guidance

A short post to note that I have, with my fellow Mental Capacity Law Newsletter editors, put together a guide for the benefit of front-line social work and medical staff as to the implications of the Cheshire West judgment.  It does not purport to answer all the legal questions, but will at least hopefully serve to highlight to staff circumstances in which they will need to be seeking legal advice.   A free video podcast prepared by a number of the key players in the case (and other experts from Thirty Nine Essex Street – not me as I was speaking in Scotland at the time) is available here.



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3 Replies to “Deprivation of liberty – practical guidance

  1. Very very useful indeed!

    Can I ask about deprivation of liberty in Shared Lives settings? Are there particular issues there, or are they similar to supported living settings?

  2. Dear David – thank you very much. The short answer is that the same principles will apply across the board. Pending guidance from on high I think you need to focus on the fact that Lady Hale made it clear that public authorities need to err on the side of caution in deciding whether or not someone is deprived of their liberty. I also think that it helps to keep the focus squarely on what those in (benign) power around the adult are doing (or would do). Best wishes Alex

  3. Hi Alex, yes that’s exactly what I thought, but thanks for confirming. It arose in a training session I ran in Blackburn yesterday. Kind regards, David

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