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Deprivation of liberty in health and social care: the Cheshire West case

The Law Centre has published a briefing for those who wish to understand the law governing deprivation of liberty and the duties upon HSC Trusts to ensure any decision made to deprive an adult without capacity of their liberty within a care setting is lawful, including:

  • HSC staff;
  • advisers;
  • service users;
  • carers.

The briefing examines a decision of the UK Supreme Court which provides a simple test which should be applied by health and social care (HSC) staff in order to identify whether a deprivation of liberty situation exists or is going to occur within a service user’s current or proposed living arrangements.

Read it here: Deprivation of liberty - the position following the Cheshire West case



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