Contact us
Request a call back
Home
Deprivation of Liberty

Deprivation of Liberty Solicitors

Our specialist team of mental capacity solicitors supports people facing issues relating to deprivation of liberty under the Mental Capacity Act.

Get in touch today

Contact
Us

Request a call back

OR CALL US ON

0800 044 8488

We have extensive knowledge in this complex area of law and a deep understanding of the worry, concern and difficulties people can face. Our mental capacity team supports people every step of the way and understands the sense of urgency that can be involved when a local authority, hospital or care home is depriving someone you care about of their liberty.

Find out more about the cases we can help you with

Deprivation of Liberty

Litigation Support & Expert Witness Services

Personal Injury Trusts

Lasting Power of Attorney

Deputyship

Court of Protection

We’re here to help. You can call us on 0800 0448488 or email or request a call back

Understanding Deprivation of Liberty

Deprivation of liberty means taking away someone’s right to freely move around and live where they want to live.

Proper processes must be followed when someone is deprived of their liberty and it can only be done in accordance with the Mental Capacity Act 2005 and/or Court of Protection.

Where deprivation of liberty safeguards have been followed, caregivers can legally deprive someone of their liberty when it is in their best interests to keep them safe or is the least restrictive way to ensure they get medical treatment.

Deprivation of liberty can include:

  • being kept in a locked room or ward
  • not being free to go where you please without supervision or permission.

People may be subject to deprivation of liberty safeguards in care homes, hospitals or in their own home.  If proper processes have not been followed this can be challenged. Reviews are important too.

 

When can the deprivation of Liberty be considered unlawful? 

If proper processes have not been followed and someone is being deprived of their liberty, it may be unlawful.

It is possible to challenge deprivation of liberty. If you have not got an answer you are happy with via other formal or informal methods of raising a concern – or if you are worried about raising a concern about deprivation of liberty – our solicitors may be able to help.

The Role of Deprivation of Liberty Lawyers

Our health and welfare mental capacity lawyers can support a wide range of people including:

  • parents whose grown up child is being deprived of their liberty
  • people who have a loved one who has been sectioned
  • advocates for people lacking mental capacity
  • individuals who have been deprived of their liberty by a caregiver
  • people with dementia, autism and learning disabilities who are being unlawfully detained
  • People being kept in Assessment and Treatment Units 
  • anyone facing issues relating to lack of mental capacity/the ability of an individual to make their own decisions.

If you are concerned that processes may not have been properly followed or are worried that someone’s liberty is being denied to them when it should not be, contact us for advice – If someone’s liberty has been unlawfully denied they may be entitled to compensation.

Trusted expertise

As expert solicitors focusing on serious injury, medical negligence, mental capacity and education, you can trust us to get the best results for you.

We know how hard it is to deal with the harm you or a loved one has suffered. We’ll support you with empathy every step of the way.

We can help you on a no win no fee basis, meaning you don’t need to worry about funding legal costs

Our support doesn’t end after a claim. We can help you with your financial affairs after settlement and introduce you to charities and organisations that might be able to help you going forward.

Choosing a Deprivation of Liberty Solicitor

The law in relation to deprivation of liberty is complex and rapidly changing. If you are involved in a dispute or are uncertain about how to challenge deprivation of liberty, it is important to seek specialist advice from an experienced and qualified solicitor.

Our team at Enable Law are experienced in all aspects of Court of Protection & Mental Capacity Act cases and appeals. We have worked with many families and advocates to get the best outcome for their loved ones and we can help you too.

We’re very happy to offer free initial no obligation guidance on your options. Call us today 

Client stories

family holding hands

Hospital accepts that their negligent advice regarding Reduced Fetal Movement caused the sad death of baby Eddie

November 15, 2024 |
3 minute read
Read More
Coroner report reveals delays in ambulance response times

Cody’s story: A heavy load – the impact of a trucking accident

November 7, 2024 |
5 minute read
Read More
Clipboard being written on by doctor

Ed’s story: Helping achieve compensation support after suffering a second preventable stroke

October 29, 2024 |
4 minute read
Read More
View all

Our partners

logoipsum-232
logoipsum-243
transparent logo
transparent logo
transparent IPSUM logo
transparent logoipsum logo
transparent logo icon

Expert legal help following a serious personal injury

If you’ve suffered a serious injury, speak to one of our specialist serious injury solicitors now for a free, confidential discussion of your claim.
Gary Walker team photo

Gary Walker

Partner
Rachel Thain team photo

Rachel Thain

Senior Associate
helen-horne-enable-law

Helen Horne

Associate

Deprivation of Liberty FAQs

‘Deprivation of liberty’ is a different legal process to being sectioned, though both may result in being kept in hospital.

Being sectioned, also known as being ‘detained under the Mental Health Act 1983’, is carried out under different sections of that act. The detail around how long someone can be detained differs depending on which section of the act they are held under.

It is not necessary to require medical treatment in order to be deprived of your liberty, but correct legal processes must still be followed.

The deprivation of liberty safeguards are being replaced by the Liberty Protection Safeguards.

The key elements of both sets of safeguards centre around a set of principles to ensure that depriving someone of their liberty under the Mental Capacity Act is only done in their best interests and when other options have been exhausted.

Every effort needs to have been made to avoid depriving someone of their liberty and it should be the least restrictive remaining way to keep them safe.

Someone should only be put under deprivation of liberty safeguards if they are deemed to be a risk for themselves or others. DoLS need to be regularly reviewed and assessed to ensure they remain the best option for keeping an individual safe.

I honestly cannot fault Enable Law in any way. My father died in hospital whilst recovering from a routine operation. Enable Law showed expertise, empathy, professionalism and friendliness from start to finish.

Google review

Need Help?

Contact us

If you would like to discuss a potential claim with us, please complete the form and a member of the team will respond as soon as possible. We are in your corner and ready to help.

Address:

See all Our Offices

Email:

contact@enablelaw.com

Phone:

0800 044 8488

Our Office Hours are Monday to Friday 9am – 6pm

Leave us a message

Contact Us
First Name
Last Name
How can we help today
Request a call back

© Enable Law 2024

Follow us:

Twitter Linkedin
White Foot Anstey Group Logo
Clinical Negligence The Law Society Accreditation
The Law Society Personal Injury Accreditation Logo
Accredited Personal Injury Practice Logo
AvmA
Head I jury Solicitor 2016 Logo

Request callback

Contact Us

Request a Call Back

If you would like us to call you back to discuss a potential claim, please complete the form below and a member of the team will call you at a time convenient to you. We are in your corner and ready to help. Alternatively, you can contact us by email.

Callback Form
Your Name
Your Name
First Name
Last name

please note we will call back to help during office hours which are Monday to Friday 9am until 6pm