1. What does Deprivation of Liberty in a Domestic Setting Mean?
Deprivation of liberty outside a hospital or registered care home setting is also known as deprivation of liberty in a domestic setting.
Staff need to know whether the person, who has a care package at home or in supported living, may be deprived of their liberty through their care plan – that is, do they meet the ‘acid test’ as described in Section 2.
If trained staff believe the person meets the ‘acid test’, they will need to make the application for a deprivation of liberty which can only be authorised by the Court of Protection.
Staff should let manager / trained member of staff know that they are working with an adult who they think may be deprived of their liberty. They should then make arrangements for a deprivation of liberty to be authorised.
It is important that the adult has a representative to act in their best interests; this person is appointed by the Court.
2. When is it Necessary?
There is a deprivation of a person’s liberty when an adult:
- is under continuous supervision and control; and
- is not free to leave;
- lacks mental capacity to consent or agree to these arrangements; and
- whose confinement is the responsibility of the government.
This means that if a person who lacks the mental capacity to consent to this situation, is under both continuous supervision and control and is not free to leave – they are deprived of their liberty.
It does not make any difference if:
- the adult complies or not not object to being deprived of their liberty;
- the reason why they are in a particular placement; and
- the extent to which it enables them to live a relatively normal life considering their level of disability.
