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Updated Guidance on the Law Relating to Deprivation of Liberty - The Law Society

The Law Society has updated its guidance on the deprivation of liberty safeguards, a critical legal framework designed to protect individuals who cannot consent to treatment due to a lack of mental capacity.

Key Updates and Developments:

  • Recent Legal Developments: Significant changes have occurred since the original 2015 guidance, particularly regarding individuals under 18 and those receiving life-sustaining medical treatment
  • Delay in Liberty Protection Safeguards (LPS): The expected update to the statutory Code of Practice accompanying the LPS has been indefinitely postponed as of April 2023, prompting the need for this revised guidance
  • Practical Guidance Across Settings: The document provides a legal framework, highlights 'liberty-restricting' factors, and offers scenarios to help professionals identify potential deprivations of liberty. This includes special considerations for those under 18 and covers various environments like supported living and palliative care
  • Professional Resources: The guidance concludes with a set of questions for professionals to evaluate potential liberty deprivations and includes downloadable reference guides for specific care settings

This updated guide draws from case law and practical experiences to help navigate the complex landscape of deprivation of liberty, ensuring that professionals are equipped to protect the rights and freedoms of those in their care. For further details, the guidance document, "Identifying a deprivation of liberty: a practical guide," along with specific chapters for different care settings, is available for download at The Law Society's website.

Reflect on the delay to the Liberty Protection Safeguarding and understand the implications for your service, join us at the forthcoming Deprivation of Liberty: Moving Forward virtual conference taking place on 12th June 2024.

This conference will help you understand and improve on the existing Deprivation of Liberty Safeguards, and the Mental Capacity and Best Interest Assessment. 






92.3% of delegates who attended in January 2024 would recommend the conference to a colleague and agree that attending the conference will have a positive impact on patient experience and outcomes.

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