How to identify a deprivation of liberty 17 May 2023

In 2014, a landmark Supreme Court judgment set out an 'acid test' to identify a deprivation of liberty. Since then, various judgments have added to the legal landscape and considered the nuances of this now infamous test. Nearly a decade later, we have a significant bank of case law concerning various settings and varying degrees of treatment and care, including the use of technology and whether these constitute a deprivation of liberty. This practical course will help participants break down the key messages from judges in the Court of Protection and apply them to their own cases. Questions will be encouraged throughout to assist understanding.

With the Liberty Protection Safeguards no longer coming into force in this Parliament, there is a need to refocus on legal authorisation of Deprivation of Liberty Safeguards. Recognising when a person mets the acid test is one of the first steps in this process. This…