Deprivation of Liberty
A situation in which a person who lacks capacity to consent is detained in a hospital or care home, for the purpose of being given care or treatment, in circumstances that amount to a deprivation of their liberty. Regulated under Schedule A1 to the Mental Capacity Act 2005.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Schedule A1 to the Mental Capacity Act 2005 supplies the statutory trigger for the safeguards it creates: the framework applies where 'a person ("P") is detained in a hospital or care home — for the purpose of being given care or treatment — in circumstances which amount to deprivation of the person's liberty.' All three elements — detention, a care or treatment purpose, and circumstances amounting to deprivation of liberty — have to be present together.
The Schedule gives the resulting status its own defined term: '"Detained resident" means a person detained in a hospital or care home — for the purpose of being given care or treatment — in circumstances which amount to deprivation of the person's liberty.' Being a detained resident is what brings a person within the safeguards regime at all, triggering the assessment and authorisation process that Schedule A1 sets out before care providers can lawfully continue such arrangements.
Related terms
Official sources
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