Before any adult can be legally Deprived of their Liberty the following assessments must all take place. The assessments vary in complexity and are completed by at least 2 professionals (a Best Interest Assessor and a Mental Health Assessor).
- An age assessment, to make sure that the person is aged 18 or over;
- A mental health assessment to confirm that the person has been diagnosed with a ‘mental disorder’ within the meaning of the Mental Health Act;
- A mental capacity assessment to see whether the person has capacity to decide about the matter themselves;
- A Best Interests Assessment to see whether the person is being, or is going to be, deprived of their liberty and whether it is in their Best Interests;
- An eligibility assessment to confirm that the person is not detained under the Mental Health Act 1983 or subject to a requirement that would conflict with the Deprivation of Liberty Safeguards; and
- A ‘no refusals’ assessment to make sure that the deprivation of liberty does not conflict with any Advance Decision the person has made, or the decision of an attorney under a Lasting Power of Attorney or a appointed by the Court of Protection.
Authorisations can be made for a maximum of 12 months, after which point they will expire and any ongoing Deprivation will not be legal. If the Managing Authority feels the Deprivation of Liberty Safeguard needs to be extended they must request a review.