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...

DoLS in England and Wales: Article 5 ECHR, Cheshire West acid test, authorisation procedures for hospitals and care homes, urgent applications, and LPS reform status

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Practice notes

In HL v United Kingdom (the Bournewood case), the European Court of Human Rights determined that, where a person with a Mental disorder is cared for or treated in circumstances amounting to a deprivation of liberty, a procedure prescribed by law must be observed. Consequent upon that decision, the Mental Health Act 2007 (MHA 2007) inserted a series of provisions into the Mental Capacity Act 2005 (MCA 2005), which took effect on 1 April 2009. Notably, Schedule 1A to the MCA 2005 created what are now termed the Deprivation of Liberty Safeguards, or the DOLS regime. The powers conferred by the MHA 2007 upon the Court of Protection, together with the DOLS regime, were implemented to ensure suitable legal safeguards for incapacitated persons who are, or might be, deprived of their liberty outside the scheme of the Mental Health Act 1983 (MeHA 1983). Statutory guidance concerning the DOLS regime has also been promulgated. That guidance ought to be treated with great caution, as in certain respects it has been overtaken by case law (most obviously concerning the meaning of a and, for that reason, the guidance should be treated with extreme caution as parts have been superseded by case law...

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Alex Ruck Keene , KC (Hon)

39 Essex Chambers

Alex Ruck Keene KC (Hon) is an experienced barrister, writer and educator. His practice is focused on mental capacity, mental health and healthcare law. He also writes extensively, editing and contributing to leading textbooks and (amongst many other publications) the 39 Essex Chambers Mental Capacity Law Report, the ‘bible’ for solicitors (and others) working in the area. He is the creator of the website Mental Capacity Law and Policy, providing resources and expert commentary on some of the most difficult mental capacity issues.Alex complements his practice with a deep interest in research and education. He is a Visiting Professor at the Dickson Poon School of Law, King’s College London, a Visiting Professor at the Geller Institute of Ageing and Memory, University of West London, a Visiting Senior Lecturer at the Institute of Psychiatry, Psychology and Neuroscience, King’s College London and a Research...

Web page updated on 21/05/2026

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