BP v Surrey CC [2020] EWCOP 17.

European convention on fundamental human rights and freedoms.Rome: Council of Europe; 1950

Hillingdon LB v Neary [2011] EWHC 1377.

Re YC [2021] EWCOP 34.

Wandsworth LBC v M [2017] EWHC 2435.

Errors and omissions in deprivation of liberty authorisation forms

08 July 2021
Volume 30 · Issue 13


Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers the impact of errors and omissions in the forms required to lawfully authorise a deprivation of liberty under the Mental Health Act 2005

Article 5 of the European Convention on Human Rights provides for a limited right to liberty and security of person (Council of Europe, 1950).

This is incorporated into the Human Rights Act 1998. Article 5 states that:

‘Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: (e) the lawful detention of persons …. of persons of unsound mind ….’

Human Rights Act 1998, schedule 1, Part 1, article 5

In England and Wales, the Mental Capacity Act 2005 sets out an Article 5-compliant procedure that authorises the deprivation of liberty of a person who lacks capacity.

Section 4A of the Mental Capacity Act 2005 states that the Act does not provide general authority to deprive a person of their liberty. There are two exceptions. A person can deprive another of their liberty if:

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