On 19 March 2014 the Supreme Court ruled unanimously that P, a profoundly disabled man was deprived of his liberty by virtue of the complete and effective control exercised over his life by those looking after him. The Supreme Court rejected the decision and the factors that were introduced when the case was heard by the Appeal Court and re-affirmed the original decision that had been previously reached in the Court of Protection.
In reaching this decision the Supreme Court identified that to determine whether a person (without the mental capacity to consent to the arrangements) is being deprived of their liberty, the following 'acid test' should be applied:
Is the person subject to continuous supervision and control?
Is the person free to leave?
In all cases, the following are not relevant to the application of the test:
This ruling has increased the number of people who now fall within the scope of what constitutes a deprivation of liberty and where this occurs authorisation is required.
This test is applicable when the person is in:
For further information please view the Department of Health guidance.
Please note that the Mental Capacity (Amendment) Act 2019 will replace the Deprivation of Liberty Safeguards in October 2020.
please view further information and guidance on the Mental Capacity Act and DoLS on Inside Walsall - click here