The use of deprivation of liberty safeguards in hospitals to increase.
The UK Supreme Court has delivered its long-awaited judgment on the factors to be considered when determining whether the care and treatment of a person amounts to a deprivation of liberty (Cheshire West and Chester Council v P [2014]). In this article the author discusses the impact of the Supreme Court's ruling on the use of the Mental Capacity Act's Deprivation of Liberty Safeguards in hospitals (Mental Capacity Act 2005, sections 4A&4B).
Senior Lecturer in Health Law, College of Human and Health Sciences, Swansea University.
Richard
R
Griffith
D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D005610:Freedom; D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D007603:Jurisprudence; D007882:Legislation, Hospital; D016743:Mental Competency / Q000331:legislation & jurisprudence*; D006113:United Kingdom