About Significant Restriction on Liberty (SRoL)
Significant Restrictions on Liberty (SRoL) are a safeguard for people in Jersey who lack capacity to consent to the arrangements for their care and treatment in some settings. There must be legal permission to keep a person in a place to deliver care or treatment.
Where a person has capacity this is by their consent. When a person lacks capacity they cannot give consent and SRoL authorisation is needed in its place.
The person must be 16 or over and not have the capacity to agree to be in hospital, care homes or supported living, but needs to be there to receive treatment or care.
SRoL can take place:
- at home
- in supported living
- hospitals
- care homes
- hospice
A person can only have their liberty restricted to provide care and treatment:
- in a safe and appropriate way
- when it is in their best interests
- when there's no other less restrictive way to look after them
SRoL is one of the safeguards provided under the Capacity and Self-Determination (Jersey) Law 2016 (Capacity Law).
It doesn't apply if they're detained under the Mental Health Law.
Applying for SRoL
Restricting a person's liberty is a serious matter and the decision is not taken lightly. The SRoL safeguards allow significant restrictions on liberty to be made lawful through an authorisation process.
Managers of care providers, care homes and hospital wards are required to follow procedures in law and must seek authorisation from the Minister to be able to lawfully restrict a person's liberty.
Managers can apply for immediate authority to restrict liberty to provide care or treatment. This is called 'an urgent authorisation'. This must also be accompanied by a request for an SRoL assessment to the Minister. The manager must tell the person and others interested in their welfare about the application.
Before giving any authorisation, the Minister must be satisfied that the person lacks capacity to make arrangements for their care and treatment in that place.
Any restrictions must be:
- linked to a care aim
- necessary to protect the person from harm
- in their best interests
- be the less restrictive approach
Independent Capacity Advocates (ICAs)
An Independent Capacity Advocate (ICA) will be instructed when an authorisation is applied for and there is no-one else (family or friends) appropriate to consult with.
If an ICA has any concerns about the SRoL, they can challenge this on the person's behalf. If needed, the Manager will organise an ICA on their behalf.
SRoL assessment
An assessor will meet the person and their relatives or ICA to check that the significant restriction is to deliver care and / or treatment which is in their best interests.
The assessor is called a Capacity and Liberty Assessor (CLA). A doctor will also give a view on the impairment of the mind or brain. The CLA will check whether there are ways to reduce any restrictions that are part of the SRoL.
The CLA writes a report to the Minister advising if SRoL should be authorised.
If the report advises the Minister that the restrictions placed on the person are proportionate, necessary and in their best interests, the restrictions will be authorised for up to one year. The Minister may impose conditions that may make things less restrictive.
Authorisations are designed to ensure that liberty is not unnecessarily restricted.
Asking for a review
The safeguards also provide a right to review of authorisations by application to the Capacity and Self-Determination Law Review Tribunal.
The Tribunal is an independent judicial body, and its function is to review existing authorisations of significant restriction on liberty.
The person can ask for a review of their authorisation. Other people who can ask for a review of an authorisation are:
- other people with an interest in their welfare, including family and friends
- the health and welfare attorney (LPA) or delegate
- the Independent Capacity Advocate (ICA)
- the Minister
Asking for a review should be done quickly. The manager who applied for the SRoL must ensure that the person, and those close to them, understand their rights to apply for a Tribunal review.
The Tribunal
A referral to the Tribunal is a positive step. It is taken to provide the person with access to justice and to safeguard their human rights.
If an SRoL has been authorised but the report advised that the person has raised objections to their care, treatment, or where they live, the Minister will ask the Tribunal to review the SRoL.
A person may be thought to be objecting to their care by:
- voicing their objections, such as I don't want to stay here
- acting out their objections, such as packing bags or trying to exit the building
This is taken to show that the person would apply to the Tribunal if they had capacity to do so.
It is not only the Minister who can apply to the Tribunal. The manager must make sure that a person and their representative understand their rights to apply for a Tribunal review when an authorisation for a significant restriction on liberty is in effect. Funded representation for the Tribunal is available for all Islanders.
Being unlawfully deprived of your liberty
If you believe you are being deprived of your liberty, but not under SRoL, tell your friends or family or any professional working with you.
You can also contact advocacy services to help you explain your concerns.
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