Mental Capacity Amendment

Deprivation of Liberties - what is all the fuss about?

Heather Lewis, Associate in our Private Wealth Department, and an experienced Court of Protection Practitioner, comments on controversial changes to the rules governing the circumstances in which an individual can lawfully be deprived of their liberty in England and Wales. 

As a general rule, people in England and Wales are free to come and go as they wish. But sometimes it is necessary for vulnerable people who lack capacity to have extra protection and for the state to deprive them of their liberty to keep them (and others) safe.