Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Safeguards definition

What does Safeguards mean? In legal practice, safeguards refers to the systems, records, reporting and inspections that account for nuclear material and verify its non‑diversion to nuclear weapons or other prohibited uses. It is a term of art in nuclear regulation and international law. In the UK, it is used in legislation (notably the Nuclear Safeguards Act 2018 and the Nuclear Safeguards (EU Exit) Regulations 2019) and administered by the Office for Nuclear Regulation (ONR); in Ireland it is applied under the Euratom Treaty, with the European Commission and the iaea conducting Euratom/IAEA safeguards. Core features include material control and accounting (MC&A), facility...

Children’s deprivation of liberty: parental and local authority consent, Gillick competence, MCA 2005 and Article 5—court authorisation post Re D (England and Wales)

Published by a LexisNexis Local Government expert

Practice notes

This Practice Note reviews recent judgments in which the courts have examined whether a parent may authorise their child’s confinement which, in the absence of valid consent, would otherwise amount to a deprivation of liberty.

What is deprivation of liberty?

Article 5 of the European Convention on Human Rights (ECHR) Safeguards the right to personal liberty and provides that no person should be deprived of that liberty in an arbitrary manner. The protection under Article 5 of the ECHR applies to people of every age. Article 5(1)(e) permits, among others, the lawful detention of 'persons of unsound mind' and minors for the purpose of educational supervision, in accordance with a procedure laid down by law. Article 5 also requires specified safeguards for anyone deprived of their liberty, including the right of access to speedy judicial proceedings to challenge the lawfulness of the detention. Accordingly, identifying precisely when a deprivation of liberty arises is of critical importance...

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Tim Spencer-Lane

Tim is a lawyer who specialises in mental capacity, mental health and social care law. At the Law Commission he led the reviews of the deprivation of liberty safeguards, health and social care professional regulation, and adult social care. He now works for the Government Legal Department (Department of Health and Social Care) where he advises on mental capacity and mental health law. Tim is the author of the /Care Act Manual/ (third edition 2019, Sweet and Maxwell) and co-author of /the Approved Mental Health Professional Practice Handbook/ (2020, Policy Press). He is also a General Editor of the Encyclopedia of Social Services and Child Care Law, a contributor to Cross on Local Government and legal editor of Community Care Inform. Tim also is a guest lecturer at Kingston University where he teaches on the best interests assessor, and adult...

Web page updated on 27/05/2026

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