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Alzheimer's Society comment on deprivation of liberty safeguards

Published 1 April 2009

Deprivation of liberty safeguards have been introduced into the Mental Capacity Act in order to prevent arbitrary decisions that deprive people of their liberty.

 The safeguards cover people in hospital and care homes registered under the Care Standards Act 2000. They have been designed to deter deprivation of liberty and, where it is unavoidable, ensure cases are reviewed, monitored and can be appealed. The safeguards are now a statutory obligation (from April 2009 onwards).

'Two thirds of people with dementia live in care homes and up to one quarter of hospital beds are taken up by people with dementia. It is essential that people in these settings be supported to live their lives in a way that recognises their human rights.
 
Deprivation of liberty should only be used as a last resort when it is in the best interests of the person and all practical and reasonable steps have been taken to avoid it. Alzheimer's Society hopes that the deprivation of liberty safeguards, when taken with the rights that people with dementia have under the Mental Capacity Act, will lead to a significant shift in the way we treat people with dementia and all those who may lack capacity to make decisions for themselves.'
 
Neil Hunt
Chief Executive
Alzheimer's Society

Find out more about the Mental Capacity Act