Gilded Cage – Alexis Hearnden (Law Society Private Client Section)

Gilded Cage – Alexis Hearnden (Law Society Private Client Section)

CategoryArticles, News Author Alexis Hearnden Date

Alexis Hearnden outlines the key facts the non-specialist practitioner needs to know about the Mental Capacity Act Deprivation of Liberty Safeguards.

The Mental Capacity Act 2005 (MCA 2005), while a relatively new piece of legislation, has made a major impact on the lives of vulnerable adults and those involved in their care. With an aging population and the associated increase in the number of people experiencing mental impairments, more and more individuals fall under the scope of the act. Over the last few years, the courts have endeavoured to identify the circumstances in which a person is deprived of their liberty within the meaning of article 5 of the European Convention on Human Rights (ECHR), and the terms under which the state should authorise that deprivation as lawful (either under the MCA 2005’s Deprivation of Liberty Safeguards (DoLS), or via an order of the court).

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