2016
DOI: 10.12968/bjcn.2016.21.1.52
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Identifying a deprivation of liberty

Abstract: The UK Supreme Court's judgment in Cheshire West and Chester Council v P [2014] fundamentally changed the approach to determining if a person who lacked capacity was deprived of their liberty by the State. The Supreme Court further held that a deprivation of liberty could occur in any care setting including a person's own home. In this article, Richard Griffith discusses the approach district nurses should adopt when determining whether a patient being cared for at home is deprived of his/her liberty.

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“…This view was inadvertently substantiated by a Staff member A who commented that another resident was not diagnosed with dementia and being fully compos mentis was allowed the freedom to explore outside when required. These findings suggest that despite overwhelming evidence to support the beneficial impact of outdoor access upon quality of life, in practice, this access is often denied to people with dementia (Natural England, 2016; Griffith, 2016).…”
Section: Analysis and Resultsmentioning
confidence: 99%
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“…This view was inadvertently substantiated by a Staff member A who commented that another resident was not diagnosed with dementia and being fully compos mentis was allowed the freedom to explore outside when required. These findings suggest that despite overwhelming evidence to support the beneficial impact of outdoor access upon quality of life, in practice, this access is often denied to people with dementia (Natural England, 2016; Griffith, 2016).…”
Section: Analysis and Resultsmentioning
confidence: 99%
“…Such opportunity preserves the quality of life and care for people with dementia. Yet outdoor access is often denied to people with dementia (Natural England, 2016) either via restricted exits or locked doorseither way, residents are de facto detained (Griffith, 2016).  Promote engagement with friends, relatives and staff.…”
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confidence: 99%
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