In hospitals, residential accommodation, residential special schools, children’s homes, care homes and many other places throughout England and Wales, children and young people with disabilities, mental health problems and mental capacity problems are being deprived of their liberty without any lawful authority.

Despite the rights given to everyone, regardless of age, by Article 5 of the European Convention on Human Rights, there is a perception that the “zone of parental control”, including the zone of control exercisable by the corporate parent, extends far further than it really does.

A deprivation of liberty is only lawful if it is imposed “in accordance with a procedure prescribed by law”. If a young person between 16 and 18 is lacking in capacity to consent to or refuse accommodation provided under section 20 of the Children Act 1989, then the provisions of the Mental Capacity Act 2005 must be adhered to. 

Course overview

This course is for health and social care professionals who work with young people. It has been designed to provide an interactive and essential overview of the Mental Capacity Act 2005, including DoLS. There will be a discussion of the ramifications of the April 2023 announcement about the Liberty Protection Safeguards in relation to 16 and 17-year-olds, as well as those working with them.

Key learning points

By the end of the course the delegate will be able to:

• Identify a deprivation of liberty.
• Identify the legislation which authorises a deprivation of liberty.
• Describe the 5 core principles which guide any application of the Mental Capacity Act 2005.
• Explain how someone’s capacity should be assessed.
• Discuss how to carry out a best interest assessment with proper regard to the wishes, feelings, values, and beliefs of the individual being assessed.
• Use case studies to, demonstrate when and how to apply to the Court of Protection for an order authorising a deprivation of liberty.
• Understand the implications of the law when accommodating a young person who lacks the capacity to consent to arrangements being made for their care and treatment.