Identifying a deprivation of liberty

Br J Community Nurs. 2016 Jan;21(1):52-4. doi: 10.12968/bjcn.2016.21.1.52.

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.

Keywords: care home; community health nurses; decision making; deprivation of liberty; liberty.

MeSH terms

  • Aged
  • Aged, 80 and over
  • Freedom
  • Home Care Services / legislation & jurisprudence*
  • Home Care Services / standards*
  • Homes for the Aged / legislation & jurisprudence*
  • Homes for the Aged / standards*
  • Humans
  • Nursing Homes / legislation & jurisprudence*
  • Nursing Homes / standards*
  • Patient Rights / legislation & jurisprudence*
  • Personal Autonomy
  • United Kingdom