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Identifying a deprivation of liberty
1Senior Lecturer in Health Law, College of Health Science, Swansea University.
Abstract:
The UK Supreme Court's judgment in Cheshire West and Chester Council v P [2014] fundamentally changed the approach to determining if a person who lacked capacity was deprived of their liberty by the State. The Supreme Court further held that a deprivation of liberty could occur in any care setting including a person's own home. In this article, Richard Griffith discusses the approach district nurses should adopt when determining whether a patient being cared for at home is deprived of his/her liberty.
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