Deprivation of Liberty Attorney

Sadly, there may come a time when you or a loved one requires full-time care. For caregivers to make choices for the incapacitated person, a decision has to be authorised by the court. A deprivation of liberty attorney can help you with the process.

Clear and Understandable

"First time using Watermans and would definitely recommend and use again. Kept up to date every step of the way. All information communicated in a clear and understandable way. Reliable and professional service."

M Clements, Family Law Services

The Short of it

  • When someone can no longer make decisions for themselves,

    they aren’t able to lawfully consent to certain types of care.

  • If a decision about a vulnerable adult would result in them not being free to leave their accommodation,

    the decision has to be authorised by a court.

  • This is a deprivation of liberty. If you feel that you or a loved one have been denied your freedom but for the wrong reasons,

    we can act on your behalf.

  • Everything we do at Watermans is about getting you the resolution you need

    and providing Straightforward legal advice. It should be that simple.

  • The Long of it

    Deprivation of liberty

    What is deprivation of liberty?

    When someone can no longer make decisions for themselves, they aren’t able to lawfully consent to certain types of care. If a decision about a vulnerable adult would result in them being under continuous supervision and not being free to leave their accommodation, a legal decision has to be authorised by a court. The legal term for this is ‘deprivation of liberty’.

    It may be necessary to restrict someone’s liberty for their own good, but the law requires that a proper process be followed, so as to safeguard and respect the person’s human rights.

    How can we help?

    How can Watermans help with a deprivation of liberty case?

    Vulnerable people suffering from conditions like brain injuries and mental health issues may not be able to provide consent to caregivers and hospitals to provide necessary treatment. If a decision about a vulnerable adult would result in them being under continuous supervision and not being free to leave their accommodation, the decision has to be authorised by a court. The legal term for this is ‘deprivation of liberty’.

    The Deprivation of Liberty Safeguards is a procedure prescribed by law, setting out the rules that hospitals and care homes must follow when caring for people who need constant supervision, and who cannot make decisions for themselves.

    At Watermans, we can help you in challenging a deprivation of liberty order for you or someone you know, by appealing decisions in the Court of Protection. As the law requires a proper process to be followed, we strongly suggest that you seek the guidance of experienced family lawyers to work your case.

    Our team have over thirty years experience in the legal sector, and have extensive experience in handling deprivation of liberty cases, including obtaining relevant court orders.

    Why Watermans?

    Why should I choose Watermans to act in my deprivation of liberty case?

    We’re experts in family law and we know our stuff – but we’re also normal people you can have a real conversation with. We don’t use legal jargon (or Latin), we give straightforward advice, and we won’t judge or patronise you.

    Coming from a range of backgrounds and with our own life experiences to draw on, we understand and empathise with how stressful family disputes can be. We know how important it is to trust your lawyer and that you need to know we’re in your corner.

    Our aim is to work in partnership with you to help resolve things quickly and cost-effectively so you can move forward with your life.

    Get in touch with us

    Everything we do at Watermans is about getting you the resolution you need and making that process straightforward. Start the process by sending us your details below or calling us on 0131 555 7055

    Consent

    Our Family Law expert

    “People often say to me that family law must be a depressing job – but I’ve never felt that. What we do makes a difference. I love working with my clients to understand their stories, help them work out where they want to get to, and collaborate with them to achieve their goals. Seeing people come through it and embark on a new stage of their lives is a great feeling.”

    Dianne Millen, Head of Family Law