Deprivation of liberty - Her Honour Nazreen Pearce

With the increase in both the elderly population and the number of learning disabled adults who need permanent professional care in hospitals and residential homes, health and welfare services have become involved in providing care for vulnerable individuals, often in very difficult circumstances, where there is a fine line between what can be considered to be justified in a person_Ts best interests and what may be regarded as a deprivation of his/her liberty. The Mental Capacity Act 2005, supported by the Deprivation of Liberty Code of Practice, sets out the applicable legal framework. However, subsequent case-law clearly demonstrates that the professionals who have to deal with the subtle issues in this difficult area are struggling with the appropriate knowledge and understanding of the statutory provisions/Art 5 rights, and the balance which has to be struck between responsible action to protect an individual_Ts interests and the preservation of his liberty. This title provides professionals at all levels with a concise handbook, offering an easily accessible guide to the practice and procedure to be followed in such cases (covering both administrative actions and the role of the Court of Protection) and setting out all the relevant statutory material specific to deprivation of liberty.