The Law Commission has warned that the important safeguards to protect the most vulnerable in society fail to do what they should

The Deprivation of Liberty Safeguards were put in place to protect those who can’t make decisions for themselves by limiting what they can do and where they go for their own safety. However there are supposed to be strict rules in place so that this can’t be used without justification, appropriate authorisation and vital checks being made.

The Law Commission has said that those with dementia and learning difficulties are being detained in care without these important checks being carried out. The penalty for failure to comply with the Safeguards is compensation.

Due to the strain on public services there are routine breaches as the appropriate authorities can’t cope with the amount of authorisation requests.

The whole system of Mental Health and Social Care is due an overhaul but it often gets delayed as it is such a huge problem and the resources just aren’t available to prioritise it.

We can provide the necessary advice if you feel a loved one isn’t receiving the benefit of the protections offered to them by legislation.

Please contact Tracy Ashby on 0121 6475269 or e-mail

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