This guidance applies to people living in their own homes, supported living and shared lives settings. It does not apply to people living in care homes or hospitals. This is covered by Deprivation of Liberty Safeguards (DoLS). For information about DoLS please visit the Deprivation of Liberty Safeguards information page.
What is Liberty?
The right to liberty entitles us all to the freedom to make our own decisions about where and how we live. Our right to liberty is protected under Article 5 of the European Convention on Human Rights.
What is a Deprivation of Liberty?
Deprivation of Liberty is when a person has their freedom limited because:
- They are always supervised by others.
- They are not free to leave where they live to go and live somewhere else.
- They do not have the mental capacity to consent to these arrangements.
- And the Local Authority or Local Health Board knows about it.
If you want to know more about the legislation and how it is implemented, these links will be useful:
What is a Community Deprivation of Liberty?
This applies to someone living in:
- A supported living scheme
- A shared lives arrangement
- Their own home – where support is provided either by family or a care provider or both (including via Direct Payments)
It does NOT apply to care homes or hospitals – this is covered by Deprivation of Liberty Safeguards (DoLS). For information about DoLS, please visit the Deprivation of Liberty Safeguards information page.
If a person over the age of 16 lacks the mental capacity to consent to their care arrangements, a deprivation of liberty must be authorised by the Court of Protection to ensure the person’s right to freedom is protected. Neither a parent nor Attorney or Deputy for Health and Welfare can authorise the deprivation of liberty on the person’s behalf.
What is the Court of Protection?
The Court of Protection deals with matters relating to people who may lack capacity to make decisions for themselves. In all cases, the Court aims to protect the person’s rights and freedom as far as possible.
For further information, visit the Court of Protection website.
What is a Community Deprivation of Liberty Order (CoPDoL)?
These are also sometimes called a ‘Community DoL’. A CoPDoL Order does not necessarily mean there is anything wrong with the person’s care or where they are living. It does not necessarily mean that the restrictions the person lives with need to change. These restrictions should be in place to keep the person safe from harm. They should be proportionate to the risk posed.
Examples of potential restrictions:
- Being under observation or supervision; this might include sensors.
- Not being able to leave the community setting permanently or would be brought back if they tried to leave.
- Equipment which restricts movement or access, e.g. locked doors, bed rails, wheelchair lap belts.
- Being accompanied by a member of staff when accessing the community.
- Physical intervention techniques being used.
- Covert medication or sedative or anti-psychotic medications.
- Curfews.
There may be other restrictions in place depending on the individual’s needs.
The following links provide free, informative guidance on restrictive practices, and training and tools to support in considering less restrictive alternatives:
To find out more, have a look at our Easy Read Guide to Community Deprivation of Liberty Orders.
How does a CoPDOL Order protect the right to liberty?
The CoPDoL Order ensures that:
- The person is asked for their feelings about where and how they live.
- The person has an advocate, if required, to support them to have their feelings heard.
- All those involved in their care are asked for their views on the arrangements.
- The person is living in an appropriate place which meets their needs.
- The person or someone involved in their care has the right to appeal if they disagree with the arrangements.
- The arrangements are lawful, necessary and proportionate.
It does not prevent a move in the future if this would be decided to be in their best interests if their needs change. To find out more about what happens after an Order has been granted, have a look at our Easy Read Guide.
During the assessment the BIA or person who holds Power of Attorney for Health and Welfare, if there is one, will have identified someone to act as the person’s representative for the Community Deprivation of Liberty Order. This is known as the Rule 1.2 Representative. This may be a family member, friend or an independent representative. For information about the role, please read our Rule 1.2 Representative Guide.
What do I do if I think someone with a disability who is living in the community is being deprived of their liberty?
First of all, speak to care staff or the allocated social care worker to ask if a referral for a Community Deprivation of Liberty assessment has been made. If not, and you think one should have been, then request that they make a referral.
If the individual has informal carers, family or friends, they are also able to make a referral. Referrals are made to the Local Authority. If you are a professional working with the person, please fill out the Request for Assessment form.
Anyone else should fill out the Family, Friends and Support Request for Assessment form.
Please complete the form as fully as you can, so we are able prioritise appropriately, as the team operates a waiting list. Completed forms should be sent to the Disability Service via e-mail: disabilityadmin@conwy.gov.uk
Who can I contact if I have questions?
For more information or if you have any queries, please contact the Disability Service on 01492 575374 or email disabilityadmin@conwy.gov.uk and ask to speak with the Best Interest Assessor or allocated Social Worker.
The Law around deprivation of liberty is continually developing. The information above is intended only as a general guide and is in no way to be considered as a definitive statement of the law. Please contact our Best Interest Assessor if you want more information.
You can also find independent information and advice on the websites of government, voluntary organisations and organisations which deal with health and social care law, for example Mencap, The Alzheimer’s Society, Mind Cymru, The Law Commission, The Ministry of Justice and Welsh Government.