Deprivation of Liberty Safeguards

The Mental Capacity Act 2005, covering England and Wales, provides a statutory framework for acting and making decisions on behalf of people who lack the capacity to make those decisions for themselves.

These can be small decisions, such as what clothes to wear, or major decisions, such as where to live. 

In some cases, people lack the capacity to consent to particular treatment or care that is recognised by others as being in their best interests, or which will protect them from harm. 

Where this care might involve depriving vulnerable people of their liberty in either a hospital or a care home, extra safeguards via the Deprivation of Liberty Safeguards have been introduced, in law, to protect their rights.  Thereby ensuring that the care or treatment they receive is in their best interests and that when a deprivation of liberty needs to occur it has a lawful basis.

Download the Letters

  • Letter 1 - Model letter for Person’s Representative to ask the Managing Authority (Hospital/Care Home) to give an urgent deprivation of liberty authorisation and to request a standard authorisation from the supervisory body.
  • Letter 2 – Model letter for Person’s Representative to request that the Supervisory Authority to request a standard authorisation, in accordance with the provisions of the Mental Capacity Act 2005. [This letter to be used after Letter 1].
  • Letter 3 – Model letter for use by person who believes they are subject to an unauthorised deprivation of liberty to request that the Supervising body undertake a review.
  • Letter 4 – Model letter for the Person’s Representative to write to the Supervisory Body to request that a review be undertaken.

 

Managing Authority Forms

  • Form 1 - Urgent Authorisation
  • Form 2 – Request for Extension of Urgent Authorisation
  • Form 4 – Request for a Standard Authorisation
  • Form 14 – Suspension of a Standard Authorisation
  • Form 15 – Notice that a suspension has been lifted
  • Form 19 – Request for a review by the Managing Authority

 

Further information