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.
When might I be deprived of my liberty?
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.
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
