CuraFlow DC-D08CQCSection D · Care and Support Delivery
Deprivation of Liberty in the Community policy
For CQC-registered domiciliary care services · version 2.0 · last reviewed 30 July 2026
Restrictions in someone's home can amount to a deprivation of liberty, and this policy starts with the AGNI test and the difference between a restriction and a deprivation. It explains the legal position, how to recognise a possible deprivation in home care, how to question each restriction, and how surveillance and assistive technology are treated in the least restrictive plan.
What this policy covers
- What a deprivation of liberty is — the agni test
- Restriction or deprivation? a matter of degree
- The legal framework and current position
- Recognising a possible deprivation in home care
- Avoiding and minimising deprivation of liberty
- Questioning every restriction
- Surveillance and assistive technology
- Building the least restrictive plan
- Capacity and consent
- Seeking authorisation — the court of protection
- If a deprivation may be unauthorised
- Rights, representation and reviews
Regulations and guidance it supports
Supports the fundamental standards at Regulations 9, 11, 13 and 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
- Human Rights Act 1998
- Mental Capacity Act 2005
- Mental Capacity (Amendment) Act 2019
- Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
Common questions
- Is the deprivation of liberty in the community policy CQC-aligned?
- Yes. It is written and reviewed by practising UK compliance consultants against current CQC expectations, and supports the fundamental standards at Regulations 9, 11, 13 and 20. It is a controlled starting-point document that you adapt to your own service — you remain the accountable provider.
- Can I download and edit this policy?
- Yes. It downloads as Word (.docx) or PDF with your company name, registered manager, CQC ID and address already filled in on the cover page and throughout the document. The Word version is fully editable.
- Can I buy this policy on its own?
- Policies are sold as a complete library rather than individually, because CQC expects a coherent set that cross-references properly — a single policy in isolation creates gaps. The domiciliary care library contains 141 policies and can be bought outright as a one-off purchase and kept permanently.
- How often is it reviewed?
- The library is re-reviewed every six months and after any material regulatory change. This policy was last reviewed 30 July 2026, and is at version 2.0. Updates reach you automatically, so downloads always reflect the current version.