Slater and Gordon Lawyers offer a free consultation with a Human Rights Solicitor about Mental Capacity or Deprivation of Liberty issues. Call us 24/7 on freephone 0800 916 9046 or contact us online and we’ll be happy to help you.

Our Human Rights Solicitors represent people in England & Wales who lack the capacity to make decisions for themselves. This could be due to a mental health condition such as a brain injury, stroke or severe learning disability.

The families of those deemed to lack capacity often have to deal with difficulties in accessing and consenting to the provision of healthcare and community care services.

Disputes can occur when decisions are made by families or public sector providers regarding issues such as the withdrawal of medical treatment and what kind of care is needed in accordance with the best interests of the individual.

Similar issues can arise in regard to children who are usually unable to give valid consent for medical treatment.

Disputes concerning mental capacity and what kind of care is in someone’s ‘best interests’ can often involve complex negotiations, complaints against care providers and, if necessary, proceedings in the Court of Protection.

The Mental Capacity Act allows restrictive measures such as the use of locks, medication and supervision to be used for people who lack capacity, providing they are in that person’s best interests.

Mental Capacity Act Safeguards

Special Mental Capacity Act safeguards are needed if the measures used will deprive a person of their liberty. Deprivation of Liberty occurs when a person is placed ‘under continuous supervision and control and is not free to leave, and that person lacks the capacity to consent to those restrictions. 

The Deprivation of Liberty Safeguards (DoLS) is part of the Mental Capacity Act. It aims to ensure that vulnerable people in care homes, hospitals and supported living arrangements, who lack capacity, are looked after in a way that doesn’t restrict their freedom or deprive them of their liberty.

Care homes or hospitals must ask either a local authority or health body if they can deprive a person of their liberty. In other settings, the Court of Protection can be asked if a person can be deprived of their liberty.

The law now provides wide ranging protection to vulnerable and incapacitated people and those deprived of their liberty due to decisions taken by particular public bodies providing care and support services for them.

Our Human Rights Solicitors have the expertise and experience to advise and represent vulnerable and incapacitated people or their families in often complex disputes concerning best interests and access to care, support and medical treatment in the Court of Protection and the High Court.

Slater and Gordon Lawyers can also offer you legal advice on how the Mental Capacity Act and the law on Deprivation of Liberty can protect vulnerable and incapacitated people. Our Human Rights Solicitors can ensure the human rights and best interests of those we help are carefully considered in any decisions which affect the care, support and treatment they receive and their basic rights to dignity and respect.

There any many funding options available depending on your particular case including No Win No Fee. Your Human Rights Lawyer will advise you of the options.

For more information or to speak with a Human Rights Solicitor about a Mental Capacity Act or Deprivation of Liberty issue, call freephone 0800 916 9046  24 hours a day 7 days a week or contact us online.

Slater and Gordon Lawyers is one of the UK's largest and well known law firms with offices in Newcastle, London, Manchester, Ashton-Under Lyne, Liverpool, Chester, Birmingham, Sheffield, Cardiff, Edinburgh, Cambridge, Milton Keynes, Preston, Wakefield and Wrexham.

Solicitors at Slater and Gordon Lawyers are members of the Human Rights Lawyers Association.