Deprivation of Liberty
A 46-year-old man lives in a nursing home has a severe learning disability, and the nursing home provides one-to-one nursing and care support for him. Although he does wander around the home on occasion, he has never tried to leave the nursing home, and the nursing home staff report that he seems happy and free of pain and other distress. If he ever did try to leave, staff would prevent him from doing so, to avoid him coming to harm. He seems to enjoy some activities, such as watching television and being read to. He requires assistance with feeding and toileting and is given regular medication by staff at the home. Although he does vocalize, no coherent conversation is possible. He has no family and does not receive any visitors.
- How do the Deprivation of Liberty Safeguards relate to both the Mental Health Act (1983) and Mental Capacity Act (2005)?
- What is the difference between a restriction of liberty and deprivation of liberty?
- Should the nursing home staff apply for an authorization under the Deprivation of Liberty Safeguards?
Apply Theory (Specific Professional Healthcare Competencies + Clinical Medical Ethical Principles) to Practice in order to provide Optimal Patient-Centered Care (OPCC)
Clinical Ethics and Law, Second edition. Carolyn Johnston, Penelope Bradbury, Series editor: Janice Ryme
