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.

Answered by Sheila Scott

Dear Della,

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.”

https://www.medicalprotection.org/uk/

I hope this is helpful.

Best wishes.

Sheila