648. Deprivation of liberty.

The Mental Health Act 1983 provides for the informal admission of a patient suffering from a mental disorder for the treatment of that disorder1. However, where a person lacks capacity to consent to his care or treatment, and such care or treatment whether for mental disorder or not amounts to deprivation of liberty2, there will be a breach of that person's right to liberty if it is not accompanied by certain safeguards3. Provision is now made for such circumstances under the Mental Capacity Act 2005.

The Mental Capacity Act 2005 does not authorise any person ('D') to deprive any other