Target Group : RCT Adult Services
Aims:
To give
participants an overall understanding of how Deprivation of Liberty applies in
community
settings (i.e. outside of care homes and hospitals).
Objectives:
Have explored and fully understood a range of judgements that have been made by the Court of
Protection in relation to Deprivation of Liberty, in particular the “Neary” and “Bournewood” cases.
• Have thoroughly explored how the Supreme Court rulings of March 2014 in the “Cheshire West” and “MIG
and MEG” cases have changed our understanding of what constitutes a “deprivation of liberty”
• Understand how the deprivation of liberty process protects the Human Rights of the service user, as well
as the professionalism and integrity of the worker
• Be able to explain the difference between restriction of liberty and deprivation of liberty
• Be able to explain the difference between the Deprivation of Liberty Safeguards (DoLS) process for
people in care homes and hospitals, and the Deprivation of Liberty process in community settings
• Be able to describe the functions of the Independent Mental Capacity Advocate, Best Interests Assessor,
Supervisory Body and the Relevant Person’s Representative in the different processes
• Know how to complete the relevant paperwork to make an application directly to the Court of
Protection for authorisation to deprive a person of their liberty (applicable to people who live in
supported living, Shared Lives, sheltered housing and their own homes)
• Have explored any recent updates to the deprivation of liberty process which might have been issued by
the Court of Protection or other relevant bodies
• Have been updated on the implications of the Mental Capacity (Amendment) Act 2019 which is due to
bring in the new system of Liberty Protection Safeguards in April 2022