DH has announced that, for April 2009 only, there will be transitional arrangements to deal with the expected influx of applications to supervisory bodies under the new Deprivation of Liberty Safeguards.

At the time of writing, details of the transitional arrangements have been set out but Parliament has not yet produced a commencement order.

It is proposed that the transitional arrangements will provide an extension of the timescales for the urgent and standard deprivation of liberty authorisation assessments. Managing authorities (care homes and hospitals) will be required to apply for deprivation of liberty authorisations as necessary from 1 April 2009. However, the transitional arrangements will be in place for a month and will be as follows:

  • urgent authorisations given by the managing authority during April 2009 – will be effective for a period of 21 rather than 7 days (from 1 May 2009 – effective for usual period of 7 days); and
  • requests for standard authorisations received by supervisory bodies (local authorities and primary care trusts) during April 2009 – the timeframe for assessment will be 42 rather than 21 days (from 1 May 2009 – timeframe for assessment will return to 21 days).