Mental Capacity Bill: Deprivation of Liberty Safeguards

Synopsis: This briefing paper examines the definition of ‘deprivation of liberty’ and how it is being shaped by case law; looks at the operation of deprivation of liberty safeguards within the Mental Capacity Act 2005 in England and Wales and some difficulties that have been encountered; and summarises the proposals in the draft Mental Capacity Bill dealing with deprivation of liberty safeguards and how they might operate in practice.

Date: 22 September 2015