Deprivation of liberty and 16-17 year olds: Practice Guidance (2020)
This Practice Guidance aims to support health and social care practitioners and managers who work with young people to identify the circumstances in which young people may be ‘deprived of their liberty’, and highlight the importance of taking action to ensure that any deprivation of liberty is authorised.
The resource has been created in response to recent case law that provides guidance as to when 16 and 17 year olds are to be considered to be deprived of their liberty and, in particular, the limits of the decision-making role of people with parental responsibility.
This publication does not respond directly to incoming changes in relation to the Liberty Protection Safeguards (LPS), please see our legal literacy resources for more information as the LPS is developed and implemented.
Professional Standards
PQS:KSS - Lead and govern excellent practice | Designing a system to support effective practice | Developing excellent practitioners | Support effective decision-making | Promote and govern excellent practice | Developing excellent practitioners | Shaping and influencing the practice system | Confident analysis and decision-making | Relationships and effective direct work | Analysis, decision-making, planning and review | The law and the family and youth justice systems | Person-centred practice | Safeguarding | Mental capacity | Direct work with individuals and families | Professional ethics and leadership
CQC - Safe | Well-led
PCF - Values and ethics | Rights, justice and economic wellbeing | Knowledge | Critical reflection and analysis | Intervention and skills | Professional leadership
RCOT - Service users | Develop intervention | Collaborative