title: Identifying a deprivation of liberty:  a guide for community nurses.
abstract: The ability to identify situations that amount to a deprivation of liberty is crucial to a district nurse's role in protecting the vulnerable adults in their care. The courts acknowledge that the elements that have to be applied when assessing if there is a deprivation of liberty are complex and technical, so it is essential that district nurses apply the elements is a methodical manner and inform their decision-making by reference to the case law and the Mental Capacity Act 2005, Deprivation of Liberty Safeguards Code of Practice. This article reviews the European Court of Human Rights and UK domestic case law on deprivation of liberty and highlights the elements district nurses must take notice of when identifying situations that amount to a deprivation of liberty.
authors.affiliation: School of Health Science, Swansea University, UK. richard.griffith@swan.ac.uk
authors.forename: Richard
authors.initials: R
authors.lastname: Griffith
authors.forename: Cassam
authors.initials: C
authors.lastname: Tengnah
mesh_terms: D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence; D003152:Community Health Nursing; D005610:Freedom; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D016743:Mental Competency / Q000331:legislation & jurisprudence; D024802:Nurse's Role; D009730:Nursing Assessment; D010344:Patient Advocacy; D028701:Patient Rights / Q000331:legislation & jurisprudence*; D026684:Personal Autonomy; D006113:United Kingdom