Learning Disability Today
Supporting professionals working in learning disability and autism services

Monitoring the Use of the Mental Capacity Act Deprivation of Liberty Safeguards in 2012-13.

Care Quality Commission, 2014

Since 2009, the Care Quality Commission has had a duty to monitor the use of the safeguards in all care homes and hospitals in England, and also to provide advice and information on using them.

The Commission checks on the use of the safeguards by visiting the places where they are used. Care services must inform the Commission about the outcome of their application to deprive someone of their liberty.

There are no direct enforcement powers associated with the role. If it is found that the Deprivation of Liberty Safeguards are not being used correctly, the Commission can take action under the Health and Social Care Act. A number of the Health and Social Care Act regulations contain references to elements of the Deprivation of Liberty Safeguards – for example in the regulations dealing with consent, safeguarding, and general care and welfare.

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