Deprivation of liberty court procedure
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers
Deprivation of liberty court procedure

The following Private Client guidance note Produced in partnership with Alex Ruck Keene of 39 Essex Chambers provides comprehensive and up to date legal information covering:

  • Deprivation of liberty court procedure
  • Applications questioning the lawfulness of detention under MCA 2005, Sch A1
  • Procedure
  • Applications that may be made by a public authority for authorisation of the deprivation of a person's liberty outside the scope of the regime contained in MCA 2005, Sch A1

FORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May 2019. This Act amends the Mental Capacity Act 2005, replacing the current Deprivation of Liberty Safeguards with a new system, known as the ‘Liberty Protection Safeguards’. This new system aims to reduce the burden on local authorities when seeking an order to confine an incapacitated person to a hospital or care home. The government has announced that the new Liberty Protection Safeguards will be coming into force on 1 October 2020 and now needs to draft and consult on regulations and a code of practice setting out the details of how the new system will work in practice. For further guidance on the new Liberty Protection Safeguards and the background to this change in the law, see: Liberty protection safeguards to protect vulnerable people in care and Government response to review on the law on deprivation of liberty.

This Practice Note covers two forms of court procedure that arise in deprivation of liberty cases:

  1. applications that arise where the lawfulness of the detention of someone under the deprivation of liberty authorisation procedure may be brought into question

  2. applications that may be made by a public authority for authorisation of the deprivation of a person's liberty outside the scope of the regime contained in Schedule A1 to the Mental