title: Identifying a deprivation of liberty.
abstract: The UK Supreme Court's judgment in Cheshire West and Chester Council v P [2014] fundamentally changed the approach to determining if a person who lacked capacity was deprived of their liberty by the State. The Supreme Court further held that a deprivation of liberty could occur in any care setting including a person's own home. In this article, Richard Griffith discusses the approach district nurses should adopt when determining whether a patient being cared for at home is deprived of his/her liberty.
authors.affiliation: Senior Lecturer in Health Law, College of Health Science, Swansea University.
authors.forename: Richard
authors.initials: R
authors.lastname: Griffith
mesh_terms: D000368:Aged; D000369:Aged, 80 and over; D005610:Freedom; D006699:Home Care Services / Q000331:legislation & jurisprudence* / Q000592:standards*; D006707:Homes for the Aged / Q000331:legislation & jurisprudence* / Q000592:standards*; D006801:Humans; D009735:Nursing Homes / Q000331:legislation & jurisprudence* / Q000592:standards*; D028701:Patient Rights / Q000331:legislation & jurisprudence*; D026684:Personal Autonomy; D006113:United Kingdom
keywords: care home; community health nurses; decision making; deprivation of liberty; liberty