Care Homes Affected By New Laws
From April 2009 care home owners and managers face new regulations protecting their residents’ rights to liberty.
The new law will have a major impact in the south west as the region has one of the country’s most substantial elderly populations.
The new Deprivation of Liberty Safeguards will protect people living in care homes or hospitals who do not have the mental capacity to make their own decisions and, for their own safety, need to be cared for in a way that deprives them of their liberty.
Exeterlaw firm Foot Ansteyare running aseminar on 17th March in Exeter to help care home owners and managers understand how the new law will protect the vulnerable and set out the circumstances and procedures for depriving a person of their liberty if necessary.
Asha Beswetherick, solicitor with Foot Anstey, explains “Defining liberty is difficult.There is no simple definition. Each person and their particular circumstances need to be assessed.
“Most people agree that individuals should only be deprived of their liberty if absolutely necessary and in their best interests. The challenge to carers is how to balance the right to freedom with the need to keep people safe.
“The new procedures mean a care home or hospital must obtain specific authorisation from the local authority to deprive a resident or patient of their liberty. Failure to comply with these procedures could result in a liability to damages in some cases.
“The use of physical restraint, blocking movement, locking doors, coded electronic keypads, CCTV and drugs designed to change someone’s behaviour can amount to deprivation of liberty as can forced care, the use of threatening or verbal intimidation, or medical restraints.
“Refusing to discharge a person to a carer, stopping a person maintaining social contacts or supervising someone to such an extent that they lose their autonomy could all be interpreted asdeprivation of liberty.”
For further information or attending the seminar see www.footanstey.com/events or telephone Lisa Lambourn 01752 675099.
Editors’ Notes
Law firm Foot Anstey is committed to providing a ‘buy local’ option to individuals, businesses and organisations throughout the South West and to publicly funded legal services.
43 partners and 400 staff, based in Exeter, Plymouth, Taunton and Truro, deliver a high quality service to help clients achieve their objectives.
Foot Anstey is repeatedly ranked in national directories such as the Legal 500 and Chambers. Winning the Law Society’s National Award for Excellence in Practice Standards is recognition of their commitment to the best levels of client service.
Seminar dates are as follows:
12 March - Taunton
17 March - Exeter
19 March – Plymouth
25 March - Wadebridge
Published 24/02/2009
