Use of Deprivation of Liberty Safeguards in midwifery

The Deprivation of Liberty Safeguards were introduced in response to a European Court of Human Rights ruling that a man who lacked decision-making capacity had been unlawfully deprived of his liberty in hospital on the arbitrary decision of a doctor (HL v UK (45508/99) (2005)). To meet the requirements of the European Convention on Human Rights (1950), article 5, a deprivation of liberty can only be lawful in defined circumstances as it is authorised by a procedure set out in law. The Mental Capacity Act 2005 was amended to allow for a person to be lawfully deprived of their liberty where this is authorised by the Court of Protection under section 16 of the Act or authorised by the Deprivation of Liberty Safeguard procedures under schedule A1 of the Act in hospitals or care homes.

The Deprivation of Liberty Safeguards are an administrative procedure that authorise the deprivation of liberty of a person who lacks capacity to decide on accommodation for care and treatment. The safeguards can only be used in hospitals and care homes.