Please note:
An updated version of Table 1 which appeared in the Quarterly Analysis of Mental Capacity Act 2005, Deprivation of Liberty Safeguards Assessments (England) - Quarter 4 2009/10 will not be published in this quarter due to anomalies having been found in the data. These are currently being investigated and it is intended to reintroduce such a table in future publications.
Hospitals and care homes are making use of new measures designed to protect people unable to give consent for their care.
The Mental Capacity Act Deprivation of Liberty Safeguards were introduced by law on 1 April 2009 to provide a legal framework for depriving someone of their liberty where they are unable to give informed consent regarding their care. The statistics presented here provide the first official information about authorisations to legally detain a person using the legislation.
The safeguards apply to people aged 18 and above who suffer from a mental disorder of the mind (such as dementia or a profound learning disability) and who lack capacity to give consent to the arrangements made for their care and / or treatment. The safeguards cover people in all hospitals and care homes in the statutory, independent and voluntary sectors.
A rigorous, standardised assessment and authorisation process is used to ensure only appropriate use is made of the safeguards.