Keeping on the right side of the CQC is vital for all hospitals and care homes. To be seen to be acting unlawfully in an inspection report is not recommended.
Importantly the guidance states:
‘If a provider suspects, from the initial care plan or prior knowledge of the person, that someone coming in to their care may be deprived of liberty, the authorisation should be in place before the person arrives. It protects the person’s rights; it does not mean they have to restrict the person’s freedoms unless they have to do so in the person’s best interests.’