Deprivation Of Liberty Assessment
Do you think that Sarah has been deprived of her liberty in hospital and should have had a Deprivation of Liberty assessment? Give a detailed explanation for your answer. (20 Marks)
Sarah makes reference to going home and on 2 occasions she has left the ward and is now under considerable supervision with restraint procedures in place. She is also been given covert medication and sedated (to be addressed later).
In order for me to establish if Sarah has been deprived of her liberty in hospital I would like to consider firstly her Mental Capacity on the specific decision established because 2.1 MCACOP (pg …show more content…
(Richards 2015, p20). Since Sarah is under constant supervision and control (Acid test 2 and 3) it is likely she is deprived of her liberty. However I would be asking the ward if they have completed their own DoLs assessments and ask them to provide me with the legal documents and how it’s recorded. Other questions would need to be sought too such as did she make an advanced decision, is Peter a relevant persons representative or does he or their sons have Power of Attorney.
“The key questions in Dols are whether the restriction in place amount to a deprivation of liberty” (Richards 2015, pg 11). Certainly Sarah is being restricted or under constant supervision and therefore should have a deprivation of liberty assessment.
Section 6 (4) of the Mental Capacity Act states that someone is using restraint if:
1) use of force- or threaten to use force – to make someone do something they are resisting,
2) restricts a person’s freedom of movement, whether they are resisting or
Sarah makes reference to going home and on 2 occasions she has left the ward and is now under considerable supervision with restraint procedures in place. She is also been given covert medication and sedated (to be addressed later).
In order for me to establish if Sarah has been deprived of her liberty in hospital I would like to consider firstly her Mental Capacity on the specific decision established because 2.1 MCACOP (pg …show more content…
(Richards 2015, p20). Since Sarah is under constant supervision and control (Acid test 2 and 3) it is likely she is deprived of her liberty. However I would be asking the ward if they have completed their own DoLs assessments and ask them to provide me with the legal documents and how it’s recorded. Other questions would need to be sought too such as did she make an advanced decision, is Peter a relevant persons representative or does he or their sons have Power of Attorney.
“The key questions in Dols are whether the restriction in place amount to a deprivation of liberty” (Richards 2015, pg 11). Certainly Sarah is being restricted or under constant supervision and therefore should have a deprivation of liberty assessment.
Section 6 (4) of the Mental Capacity Act states that someone is using restraint if:
1) use of force- or threaten to use force – to make someone do something they are resisting,
2) restricts a person’s freedom of movement, whether they are resisting or