District nurses' crucial role in identifying unlawful deprivation of liberty.
A recent judgement by the UK Supreme Court has widened the criteria for the type of care and treatment that amounts to a deprivation of liberty in hospitals and care homes. Very many more vulnerable residents in care homes should now benefit from the protection of the Mental Capacity Act 2005 deprivation of liberty safeguards. This protection will only happen if care-home staff, who are the gatekeepers of the system, recognise which of their residents are deprived of their liberty. District nurses have a crucial role to play in promoting the use of the deprivation of liberty safeguards. They are ideally placed to help identify care that amounts to a deprivation of liberty in the care homes that they visit. This article discusses how district nurses must inform their practice by making reference to the UK Supreme Court judgement on the use of the deprivation of liberty safeguards and the actions that district nurses must take if they suspect a care home is depriving a resident of their liberty without authorisation.
Senior Lecturer in Health Law, College of Health Science, Swansea University.
Richard
R
Griffith
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