Deprivation of Liberty Sample Clauses

Deprivation of Liberty. The state has a duty under the Human Rights Act 1998 to ensure citizens are protected from unlawful deprivation of liberty. The Deprivation of Liberty Safeguards (‘XxXx’) were introduced in 2009 and apply if a person may be deprived of their liberty as a consequence of their accommodation and care arrangements, and lacks capacity to give their consent. In March 2014 the Supreme Court (P v Cheshire West and Xxxxxxx Council, March 2014) clarified that a deprivation of liberty occurs whenever a person is under the continuous supervision and control of others and is not free to leave. This definition applies equally in all settings and to all people regardless of their disability or other impairment. If the person who may be being deprived of their liberty is in a registered care home or a hospital it is the responsibility of the manager of the care home or hospital to make the relevant application to the relevant local authority following the local XxXx process. The relevant local authority is:  If a local authority is funding the person who may be being deprived of their liberty, then the application must be made to that local authority, regardless of where the person is living;  If a Clinical Commissioning Group (‘CCG’) are funding the person who may be being deprived of their liberty e.g. Continuing Healthcare, then the application must be made to the local authority in which the funding CCG is based, regardless of where the person is living; or  If the person who may be being deprived of their liberty is funding their own care, the application must be made to the local authority of the area in which the person is living. At present although a deprivation of liberty can occur in other community settings such as supported living, it cannot be assessed under the usual XxXx procedures. In these cases the manager of the service should seek advice from the local authority which covers the service in which the person is living. Whenever care arrangements are to be made as part of a protection plan and the person might be deprived of their liberty as a consequence, authority must be sought immediately. Case law is evolving in this area and it is always important to consider seeking legal advice. The current legislative procedures for assessing and authorising deprivation of liberty for people who lack capacity are being reviewed by the Law Commission, but significant changes are unlikely before 2017/18.
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