The deprivation of Liberty safeguards were introduced in response to a case known as the Bournwood Case. This was heard at the European Court of Human Rights where they found there was an unlawful deprivation of liberty in relation to Article 5 of the European Convention of Human Rights. The DOL safeguards aim to prevent further breaches of Article 5.

IMCA 39A Instruction Form (Word 97 - 2003 Document)

IMCA 39C Instruction Form (Word 97 - 2003 Document)

IMCA 39D Instruction Form (Word 97 - 2003 Document)

In response to the Bournwood case the Deprivation of Liberty Safeguards were introduced into Mental Capacity Act 2005 (MCA) through the Mental Health Act 2007. Specifically Schedules 1A and A1 in the MHA 2007 amend the Mental Capacity Act 2005. The safeguards were implemented from 1st April 2009.

The safeguards aim to prevent arbitrary decisions that deprive vulnerable people of their liberty. Safeguards are to protect service users and, if they do need to be deprived of their liberty, give them representatives, rights of appeal and for the 'deprivation' to be reviewed and monitored.

The safeguards can only be applied to people whilst in hospitals, care homes registered under the Care Standards Act 2000. They cannot be used if someone is living in their own home including under supported living arrangements.