District nursing practice for the death of patients subject to deprivation of liberty safeguards

• Published in: British journal of community nursing Vol. 20; no. 2; p. 93, 95
• Main Author: Griffith, Richard
• Format: Journal Article
• Language: English
• Published: England 01.02.2015
• Subjects: Commitment of Mentally Ill - legislation & jurisprudence; Community Health Nursing; Coroners and Medical Examiners; Death; England; Human Rights - legislation & jurisprudence; Humans; Jurisprudence; Mental Competency - legislation & jurisprudence; Wales; England; Wales; Deprivation of liberty safeguards; Death in state detention; Coroner; Inquest
• ISSN: 1462-4753
• DOI: 10.12968/bjcn.2015.20.2.93

The Chief Coroner of England and Wales has issued guidance to coroners on whether the death of a person subject to a deprivation of liberty safeguard should be subject to an inquest. The guidance was issued in response to the tenfold increase in people being made subject to the safeguards since the Supreme Court's decision in Cheshire West and Chester Council v P [2014]. It is the Chief Coroner's view that all deaths where a person is subject to a deprivation of liberty safeguard or Court of Protection welfare order allowing a deprivation of liberty must be investigated by the coroner with an inquest held. This article considers the impact of the Chief Coroner's guidance on district nurse practice. It discusses whether a person subject to a deprivation of liberty safeguard is in state detention and whether an inquest is necessary in every case.