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Deprivation of liberty

As a society, we have a duty to protect vulnerable people. This means that sometimes mental health patients may be detained in a care home or hospital under the Mental Health Act, in order to safeguard their wellbeing. Because they have not chosen to be in the home - or may object to being there - the patient is said to have been ‘deprived of their liberty’.

Deprivation of liberty is commonly associated with elderly people who may be suffering from dementia but can also apply to other vulnerable adults.

If you want to challenge a Local Authority’s decision to deprive someone of their liberty, we provide the advice and support you need. You have the right to appeal to the Court of Protection against deprivation of liberty decisions and we can guide and support you through every step of the process. We can also ensure that patients are treated fairly whilst in care.

If you have been deprived of your liberty or are concerned about a relative or loved one, we can help. Our friendly solicitors will put you at ease and are here to answer any questions you may have. Mental health patients can often use our services free of charge using legal aid or you may qualify for a free first interview and if you can’t get to our offices, we may be able to visit you. You can talk to us in complete confidence, quickly and easily. To find out how we can help, call us on 0191 416 2182.

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