The Mental Capacity Act 2005 provides a statutory framework for people who lack capacity to make decisions or take actions for themselves, and others may have to make those decisions on their behalf. When they do this, they should not deprive the person who lacks capacity of their liberty, unless it's essential to do so in the person's best interests and for their own safety.
This procedure is based on the Deprivation of Liberty Safeguards addendum to the Mental Capacity Act Code of Practice. It provides guidance to anyone who is working with and/or caring for adults who may lack capacity to make particular decisions, and is in a situation where the possibility that there may be deprivation of liberty arises.
- How to avoid deprivation of liberty.
- How to identify deprivation of liberty.
- What to do when a person may need to be deprived of liberty.