Deprivation of Liberty Safeguards
The Mental Capacity Act (2005) came into operation in England and Wales as from April 2007. It received Royal Assent on 7 April 2005.
Amendments to the Mental Health Act (1983), which received Royal Assent in July 2007, have resulted in the introduction of the Deprivation of Liberty Safeguards into the Mental Capacity Act 2005.
The Mental Capacity Act (2005) generally applies to people aged 16 years or over (although the Deprivation of Liberty Safeguards apply to people over the age of 18 years), and provides a statutory framework to empower and protect people who may lack the capacity to make specific decisions for themselves, for example, people with dementia, learning disabilities, mental health problems, stroke or head injuries. It makes it clear who can take decisions, in which situations and how they should go about this.
The Deprivation of Liberty Safeguards strengthen the protection of a very vulnerable group of people and tackle human rights incompatibilities by introducing Deprivation of Liberty Safeguards for people who lack capacity to decide about their care or treatment and who are deprived of their liberty to protect them from harm, but who are not covered by the Mental Health Act (1983).
Available documents:
Joint Warrington Borough Council and NHS Warrington policy
| Selected standard forms for use by managing authorities | Form 1 |
| Form 2 | |
| Form 4 | |
| Form 14 | |
| Form 15 | |
| Form 19 |
Useful contacts:
To request an authorisation from either Warrington Borough Council or NHS Warrington contact the access social care team:
Tel: (01925) 444239
Fax: (01925) 444201
Email: asc@warrington.gov.uk
Out of hours service- for emergency urgent authorisations only
Tel: (01925) 444400
Mental capacity act co-ordinator
(for general advice regarding the Mental Capacity Act and the Deprivation of Liberty Safeguards):
Penny Davidson
Tel: (01925) 444080
Further information:
The Office of the Public Guardian - copies of the code of practice
Department of Health - all standard forms
Last updated 15/03/2010 14:25:41
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