People living in a care home, or being cared for in hospital that feel they are being deprived of their liberty are able to request an assessment to decide if a deprivation is occurring by completing this letter and sending it to the Managing Authority (the Care Home or Hospital).
Also, friends, carers and relatives of these people who believe that someone is being deprived of their liberty in care homes or hospitals are able to request an assessment to decide if a deprivation is occurring by completing this letter.
If you are not satisfied that the Managing Authority have responded to your request you can complete this letter to request that Derby City Council (the Supervisory Body) complete an assessment. This is known as a Third Party Challenge.
Derby City Council will allocate a Best Interest Assessor (BIA) to examine whether or not a person is being deprived of their liberty. The BIA will contact everyone involved in the person's care as part of their assessment.
If the BIA decides that a person is being deprived of their liberty and it is authorised, the assessment will identify how restrictions can be used to keep the person safe.
If an assessment reveals that someone is being deprived of their liberty and it is in their best interests, the Standard Authorisation is granted by Derby City Council. Derby City Council must then appoint a Representative. The Representative must be available and willing to do the role. The Representative can be a friend, carer (not employed by the person), family member or partner.
Support is available for the allocated Representative through One Advocacy Derby, the new Independent Mental Capacity Advocacy (IMCA) service - oneadvocacyderby.org
If there is no one available to act as a Representative a Paid Representative from One Advocacy Derby will be allocated.
A review of the Standard Authorisation can take place at any time, Derby City Council will allocate a BIA to carry out the review.
If you are the person being deprived of your liberty you can request a review by completing this letter and sending it to Derby City Council. If you are the Representative, friend, family member or carer of a person being deprived of their liberty you can request a review by completing this letter and sending it to Derby City Council.
There are some occasions where the person being deprived of their liberty, or their friends, families, or representatives doesn't agree with the decision to deprive someone of their liberty. If this cannot be resolved with Derby City Council and the Managing Authority, then an application to the Court of Protection can be made. For more information visit www.gov.uk/apply-to-the-court-of-protection
There is also an 'Easy Read' Information Booklet covering all aspects of the process provided by the Department of Health.