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Chapter 22 - Deprivation of Liberty

Where Are We Now?

from Section 4 - Law, Ethics, and Philosophy

Published online by Cambridge University Press:  12 September 2020

By
Nick Brindle  and
Christian Walsh
Edited by
Julian C. Hughes  and
Philippa Lilford
Julian C. Hughes
Affiliation:
University of Bristol
Philippa Lilford
Affiliation:
Severn Deanery, University of Bristol
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Summary

Historically ‘deprivation of liberty’ has been an elusive and ill-defined concept in health and social care settings. The words themselves are derived from Article 5 of the European Convention on Human Rights (ECHR): the right to liberty and security. In England and Wales, the MCA authorizes the restriction, but not the deprivation of liberty, of a person who lacks the relevant decision-making capacity. It is therefore necessary to distinguish the tipping point between permissible restrictions authorized under section 5 of the Mental Capacity Act (MCA) (limited by section 6) and when a deprivation of liberty may arise. A deprivation of liberty (a DoL) without lawful justification and due legal process for scrutiny would be a breach of the person’s rights under Article 5 with associated consequences including the right to compensation.

Type
Chapter
Information
Clinical Topics in Old Age Psychiatry , pp. 293 - 304
Publisher: Cambridge University Press
Print publication year: 2020

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References

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