649. Transporting persons lacking capacity.

649.     Transporting persons lacking capacity.

Transporting a person who lacks capacity from their home, or another location, to a hospital or care home will not usually amount to a deprivation of liberty1. However in certain circumstances for example where it is necessary to do more than persuade or restrain the person for the purpose of transportation, or where the journey is exceptionally long, it may be necessary to seek an order from the Court of Protection2 to ensure that the journey is taken on a lawful basis3.

Guidance has been drawn up to cover