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Mental Capacity Act
Jun 1, 2024
Learn about this important law and what a deprivation of liberty is
Mental Capacity
The Mental Capacity Act (NI) 2016 is an important law. It combines mental capacity (capacity to consent) and mental health laws for people aged 16 and over into one set of rules. This was recommended by the Bamford Review of Mental Health and Learning Disability.
The Act guides how decisions are made for people who can’t make them themselves and helps others plan ahead in case they lose capacity in the future. Once fully in place, it will replace the Mental Health (NI) Order 1986 for those over 16.
The focus is on supporting people to make their own decisions. Before anyone is found to lack capacity, every effort must be made to help them decide. Only if they still can’t, can decisions be made on their behalf.
Deprivation of Liberty
In Northern Ireland, under the Mental Capacity Act (NI) 2016, a deprivation of liberty happens when a person is not free to make certain decisions about their own life or is prevented from leaving a place because others think it is necessary for their safety or care. This might involve keeping someone in a hospital, care home, or another setting under restrictions that limit their freedom. Deprivation of liberty is a form of restraint and it means to prevent someone from exercising their rights and freedoms. Any restrictive intervention must be justified both ethically and legally.
What is a Deprivation of Liberty?
It happens when:
- A person cannot make decisions about their care or treatment because they lack the mental capacity to do so (for example, due to a learning disability or dementia).
- Their freedom is significantly restricted for their safety or well-being.
- These restrictions are necessary and in their best interests, but they must be legally authorized.
Examples of Deprivation of Liberty
In a Care Home:
Mary, who has autism and a severe learning disability, lives in a care home. Staff lock the doors to stop her from leaving on her own because she might get lost or hurt. She also needs constant supervision, even when going for a walk.
In a Hospital:
John has dementia and is in a hospital for treatment. He wants to go home, but doctors believe he’s not safe to leave yet. They prevent him from leaving by keeping him under close observation and locking certain areas of the ward.
In Supported Housing:
Liam, who has a learning disability, lives in supported housing. He has no key to his flat, and staff control when he can leave because he has a history of wandering into dangerous areas.
When is it Legal?
Under the Mental Capacity Act (NI) 2016, deprivation of liberty is only allowed if:
- The person lacks capacity: They cannot understand, remember, or weigh up the information needed to decide for themselves.
- It is in their best interests: The restrictions are necessary to keep them safe or provide essential care or treatment.
- It is properly authorized: A legal process must confirm that the deprivation of liberty is appropriate. This involves an assessment by professionals.
What Does the Law Aim to Do?
The law ensures:
- People’s freedom is not restricted unnecessarily.
- Any deprivation of liberty is reviewed and monitored to protect their rights.
- Family or advocates can challenge decisions if they believe the restrictions are unfair or unnecessary.
- Mental Capacity Act
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- Mental Capacity Act NI – NI Assembly, 2016
- Mental Capacity Act Hub – DoH
- Money and Valuables & Research Code of Practice -DoH NI, 2019
- Deprivation of Liberty
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- Deprivation of Liberty Easy Read Leaflet – DoH NI, 2020
- Regional Policy Minimisation of Restrictive Practice – DoH NI, 2023