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Deprivation of liberty
As a society, we have a duty to protect vulnerable people. This means that sometimes mental health patients may be detained in a care home or hospital under the Mental Health Act, in order to safeguard their wellbeing. Because they have not chosen to be in the home – or may object to being there – the patient is said to have been ‘deprived of their liberty’.
Deprivation of liberty is commonly associated with elderly people who may be suffering from dementia but can also apply to other vulnerable adults.
If you want to challenge a Local Authority’s decision to deprive someone of their liberty, we provide the advice and support you need. You have the right to appeal to the Court of Protection against deprivation of liberty decisions and we can guide and support you through every step of the process. We can also ensure that patients are treated fairly whilst in care.
If you have been deprived of your liberty or are concerned about a relative or loved one, we can help. Our friendly solicitors will put you at ease and are here to answer any questions you may have. Mental health patients can often use our services free of charge and if you can’t get to our offices, we may be able to visit you. You can talk to us in complete confidence and our free initial assessment promise means you can get answers to your immediate questions, quickly and easily. To find out how we can help, call us on 0208 5324884.
Expert legal advice you can rely on:
Mental health and capacity
When difficult (and often painful) decisions need to be made, thankfully you can turn to an experienced mental health solicitors to clarify how a person’s mental health problems can be approached with sympathy, dignity and practicality.
Advance decisions for medical treatment
Making an advance decision about medical treatment avoids any misunderstanding on what your wishes are when you can no longer communicate them - Masons Law can help you plan ahead.
Care after lost capacity
If you lose the ability to make decisions due to old age this can be difficult for relatives and loved ones. Masons Law can help you plan ahead for a time when you can no longer share what you think.
Compulsory treatment
A compulsory treatment order (CTO) is used by healthcare professionals to ensure that mental health patients receive the treatment they need - even when they’re unable to make their own decisions.
Court of Protection
When people are unable to make their own decisions because of a mental illness, other people may be required to make decisions on their behalf. Sometimes there may be disagreements surrounding these decisions and that is where the Court of Protection can help.
Deprivation of liberty
As a society, we have a duty to protect vulnerable people. This means that sometimes mental health patients may be detained in a care home or hospital under the Mental Health Act, in order to safeguard their wellbeing. Because they have not chosen to be in the home - or may object to being there - the patient is said to have been ‘deprived of their liberty’.
Detention/sectioning
Under the Mental Health Act, vulnerable people can be detained in hospital if it is felt that this is necessary in order to protect their own health or the safety of others. If you, or a loved one, have been sectioned or are facing detention, it can be a distressing time. At Masons Law we’re here to make the process easier by providing the advice and guidance you need.
Lasting power of attorney
Whether you’d like to create a power of attorney to provide reassurance for the future, or you need to challenge an existing power of attorney, we can help. At Masons Law we have in-depth knowledge of this specialist area and can answer any questions you may have.