DOL Useful Documents
- Deprivation of Liberty: the Bournewood proposals, the Mental Capacity Act 2005 and the decision in JE v DE and Surrey County Council
Bournewood Safeguards: Draft Illustrative Code of Practice
The Mental Capacity Act 2005 provides a framework for acting and making decisions on behalf of individuals who lack mental capacity to do so for themselves. The Bournewood Safeguards apply to people who are, or are likely to be, deprived of their liberty for the purpose of being given care or treatment in hospitals or care homes.
The Bournewood Safeguards is intended to:
- Enable people to receive the care they need
- Use of least restrictive regimes
- Prevent arbitrary decisions
- Provide Safeguards
- Provide rights of appeal
- Avoid unnecessary bureaucracy
This guidance is intended to help people understand how the Bournewood Safeguards is expected to operate in practice.