Mental Capacity Act 2005 Code of Practice: Deprivation of Liberty Safeguards

CSCI Response to consultation questions

04 February 2008

Read our response to the consultation questions on the draft Addendum to the Mental Capacity Act 2005 Code of Practice: Deprivation of Liberty Safeguards.

This addition to the Code will cover new safeguards to be introduced in 2009 in relation to people who are deprived of their liberty in hospitals and care homes.

The CSCI response to the consultation questions are primarily concerned with the implications for care homes rather than hospitals.

In addition to responding to the consultation questions the CSCI has also drawn particular attention to the following issues.

  • The number of assessments involved and who undertakes them.
  • Determining factors as to whether deprivation of liberty is taking place.
  • The monitoring role of the new regulator.
  • In 2009 CSCI will merge with the Healthcare Commission and Mental Health Act Commission to form the new Care Quality Commission. Find the commissions joint response
  • Deprivation of liberty in settings other than care homes.

Find out more

The Department of Health have established a web page dedicated to the deprivation of liberty safeguards. This includes links to a briefing sheet and Frequently Asked Questions :

Easy to read

As well as feedback from our own staff our response has been informed by discussions we have held with some people who have a learning disability.

This is an easy read summary of the things people with a learning disability told us were important when thinking about the new Deprivation of Liberty rules.

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Created: 1/28/2008 Last updated: 2/14/2008