Mental Capacity Guidance Note: Deprivation Of Liberty In The Hospital Setting

Mental Capacity Guidance Note: Deprivation Of Liberty In The Hospital Setting


CategoryNews, Articles Author Neil Allen, Alexander Ruck Keene, Victoria Butler-Cole, Nicola Kohn Date

The law governing the deprivation of a person’s liberty in a hospital can be complex. In every case it involves (or should involve) consideration of the question of what amounts to a deprivation of liberty for the purposes of domestic legislation and Article 5 of the European Convention of Human Rights (‘ECHR’). In very many cases, it involves the interface of two statutory regimes (the Mental Health Act 1983 (‘MHA 1983’) and the Mental Capacity Act 2005 (‘MCA 2005’)).

To read the full guidance note, please click here.


Related Barristers


Call +44 (0)20 7832 1111 for more information

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

Barrister Call CV Email