Can you give me some examples how a deprivation of liberty can occur in someone's own home that is not staffed 24/7?
Thank you for your question.
DoLS normally only applies to services delivered in care homes or hospitals but following the West Cheshire Supreme Court judgement the situation was clarified a little more.
I am attaching a briefing document which I think you will find helpful.
Also available is this link to a page on the Alzheimer’s website which is very helpful.
It states that:
"A deprivation of liberty can also occur in domestic settings where the State is responsible for imposing the arrangements. In such cases any deprivation of liberty must be authorised by the Court of Protection."
Sheila Scott OBE from National Care Association (NCA). Care is Sheila’s life; she possesses a strong command of the issues facing the care sector informed by her long career as a nursing professional, the owner and manager of a care business and as a leader in the care sector.
Sheila will try to answer as many of your questions as possible, giving priority to frequently asked questions and questions regarding current events and trends.
Please note that Sheila can not offer answers to matters requiring legal advice. If your matter concerns a specific service provider, please contact the CQC.
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