ABSTRACT
This chapter applies aspects of practice to the particular challenges presented by capacity assessments in the context of decisions relating to deprivation of liberty. It draws on case law and legislative guidance under the Deprivation of Liberty Safeguards regime, to provide tips and techniques for professionals involved in this work. Article 5 of the European Convention on Human Rights (1953) is intended to prevent the arbitrary deprivation of a person’s liberty by the state. A capacity assessment to decide whether the person was able to consent to the care or treatment arrangements (including proposed restrictions) must have been undertaken before authorisation for a person’s deprivation of liberty was sought. The complex nature of deprivation of liberty often means that care or treatment providers do not realise that the nature of the restrictions (and not the purpose) are central to the question of whether someone is deprived of her liberty.
