The deprivation of liberty safeguards address the October 2004 European Convention on Human Rights ‘Bournewood’ judgement, which requires that people may only be deprived of their liberty through a process set out in law, with safeguards to prevent arbitrary detention and speedy access to a Court to review the detention.
The safeguards cover England and Wales and provide protection for very vulnerable people who are cared for in hospitals, or in care homes registered under the Care Standards Act 2000. This briefing explains what the new safeguards mean for PCTs, NHS trusts and others, and sets out what they should be doing to get ready for implementation in April 2009. It has been produced jointly with the Department of Health and is supported by the Association of Directors of Adult Social Services (ADASS).