Deprivation of Liberty Safeguards Independent Medical Practitioners

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The Local Authority has a requirement to undertake Mental Health, Mental Capacity and Eligibility Assessments as mandated in the Mental Capacity Act (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 and in line with the activity and quality standards specified in this document. Adult Care and Support have a requirement for physicians to provide Mental Health, Mental Capacity and Eligibility Assessments under the Mental Capacity Act Deprivation of Liberty Safeguards. The aim of the Deprivation of Liberty Safeguards is to provide legal protection for those vulnerable people who are deprived of their liberty otherwise than under the Mental Health Act 1983, to prevent arbitrary decisions to deprive a person of liberty and to give rights to challenge deprivation of liberty authorisations. The safeguards apply to people who lack capacity to consent to care or treatment, who are suffering from a mental disorder and are resident in a hospital or registered care home. When introduced, the Government expected that the implementation of the safeguards would reduce the numbers of people deprived of their liberty in care homes and hospitals and to protect the rights of those that are. Keywords: Mental Health, Deprivation, Safeguarding, Adults, Liberty, Specialist