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4.3 Deprivation of Liberty Safeguards

Click here to view Bedford Borough Council’s Practice, Policy and Guidance for the Deprivation of Liberty Safeguards

RELEVANT CHAPTERS

Mental Capacity

Independent Advocacy

Independent Mental Capacity Advocate Service

Assessment

RELEVANT GUIDANCE

Deprivation of Liberty Safeguards: Code of practice to supplement the main Mental Capacity Act 2005 Code of Practice

Department of Health Advice Note (28 March 2014)

Identifying a deprivation of liberty: a practical guide – summaries of key cases, Law Society (2015)

May 2018: This chapter has been amended to make reference to recent case law, as below.

Please note: In Re KT & others which was heard before the Court of Protection Mr Justice Charles approved the use of general visitors to act as Rule 3A Representatives, when there is no one else such as family members or advocates available to act for the person who is the subject of the proceedings.  General visitors are commissioned by the Court of Protection to visit the person and others involved in the case and report back their findings.  Appointing a general visitor safeguards the rights of the person.