What is deprivation of liberty?

There are very specific times when your freedom can be limited. The Mental Capacity Act calls this a "deprivation of liberty."

If you are deprived of your liberty, it means you aren't free to move around without permission or constant supervision. This is illegal unless it's done according to the rules set out in the Mental Capacity Act.

This might include preventing you from going outside to ensure your safety, or using medication to help manage anxiety.

Limiting your freedom in this way should only be done if it's the option that restricts you the least while still keeping you safe or ensuring you receive the necessary medical treatment. 

You might be deprived of your liberty if you are in a care home or hospital to get treatment, but you cannot make your own decisions because you don't have the mental ability to do so ('lack mental capacity').

You might need extra help and looking after to keep you safe from harm.

How deprivation of liberty happens will depend on your circumstances:

• If you’re in a care home or hospital, you can be deprived of your liberty lawfully using procedures called the Deprivation of Liberty Safeguards (DoLS). Or if the Court of Protection has granted permission.
• If you’re living at home, in supported accommodated or in a shared lives placement, you can be deprived of your liberty lawfully if the Court of Protection has granted permission.
• If you need immediate, life-saving treatment in hospital and would die without it, and the restrictions involved in your care and treatment would be the same whether you had capacity or not, this won't count as a deprivation of liberty.

The conditions for depriving your liberty are different depending on whether it happens under deprivation of liberty safeguards or via the Court of Protection.

The Court of Protection should be used to lawfully deprive you of your liberty if:

• You’re age 16 or over
• You lack capacity to agree to the restrictions
• You live at home, in supported accommodation or in a shared lives placement
• You’re in a care home or hospital but there’s a dispute over your placement there

The Deprivation of Liberty Safeguards (DoLS) are a legal process used in England and Wales to make sure that if someone’s freedom is limited, it’s done in a safe and lawful way.

This means:

• It must be in your best interests – to protect you from serious harm.
• It must be authorised by the local authority – they check that it’s necessary and that there’s no less restrictive way to keep you safe.
• You have rights – including regular reviews, the right to challenge the decision, and having someone to represent you, like a family member or advocate.

Kent County Council will always try to find the least restrictive option to keep someone safe. If a deprivation of liberty is needed, it will only last as long as necessary – up to a maximum of 12 months.

If someone is not in a care home or hospital (for example, they live at home or in supported accommodation), the Court of Protection must approve the deprivation of liberty.

GOV.UK

Deprivation of Liberty orders - GOV.UK

Mental capacity act 2005: deprivation of liberty safeguards - GOV.UK - This includes guidance and forms for authorising deprivation of liberty in hospitals and care homes

Mental Capacity Act 2005 - Legislation.gov.uk - This is the full legal text, including sections on deprivation of liberty and the Court of Protection

Mind 

Mental capacity act 2005, Deprivation of liberty - Mind