648. Deprivation of liberty.

(3)     Deprivation of Liberty under the Mental Capacity Act 2005

(i)     Introduction

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