This Housing LIN Viewpoint no 65 is intended to stimulate consideration and debate on two separate, but related issues:
- Firstly, with the new and revised and more encompassing definition of "deprivation of liberty" issued in a recent supreme court ruling, are there people living in supported housing (and other housing settings) who fall into that definition and for whom authorisation needs to be sought? What are the issues and implications for the housing sector and their residents? and
- Secondly, what would be the issues and implications of extending the 2 "Deprivation of Liberty Safeguards" to "supported living" settings as recommended by the House of Lords in the Mental Capacity Act post-legislative scrutiny report?
N.B: Since publication, some of the points raised have become clearer, while others have become less clear, but it serves as a starting point for consideration of the issues within housing settings.