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BJSW Advance Access published online on June 29, 2009
British Journal of Social Work, doi:10.1093/bjsw/bcp077
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© The Author 2009. Published by Oxford University Press on behalf of The British Association of Social Workers. All rights reserved

The Deprivation of Liberty Safeguards and People with Dementia: Implications for Social Worker

Sandra Dwyer

Sandra Dwyer is a Lecturer in Social Work at the University of Leicester.

Correspondence to Sandra Dwyer, University of Leicester, School of Social Work, 107 Princess Road East, Leicester LE1 7LA, UK. E-mail: Sd83{at}le.ac.uk


  Abstract

This paper looks at the implications of the Deprivation of Liberty Safeguards, (which are an extension of the Mental Capacity Act 2005), for older people with dementia. The safeguards are likely to apply to a small minority of people with dementia. They involve a thorough assessment process by qualified and experienced professionals. Other aspects of the Mental Capacity Act 2005 that are protective of people with dementia who are found to lack capacity to decide on care home entry, will also be discussed. Despite the welcome protection afforded by the Mental Capacity Act, older people who lack capacity and who are placed in care homes, do not benefit from the same level of checks and balances that people have who are sectioned under the Mental Health Act 1983.

Keywords: Deprivation of liberty, dementia, older people


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