Errors and omissions in deprivation of liberty authorisation forms

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: