Adult Social Care Glossary, v 0.6

The deprivation of liberty safeguards provide legal protection for those vulnerable people who are, or may become, deprived of their liberty within the meaning of Article 5 of the European Convention on Human Rights (EHCR) in a hospital or care home*, whether placed under public or private arrangements. They do not apply to people detained under the Mental Health Act 1983.

The safeguards exist to provide a proper legal process and suitable protection in those circumstances where deprivation of liberty appears to be unavoidable, in a person’s own best interests.

* Throughout this document, the term ‘care home’ means a care home registered under the Care Standards Act 2000.