Deprivation of liberty in hospital: the MHA versus DoLS dilemma

SUMMARY When admitting patients to hospital and treating them, psychiatrists and other health professionals may need to deprive them of their liberty. Where this occurs, professionals will need to work within a statutory framework to practice legally and protect their patients’ right to liberty under Article 5 of the European Convention on Human Rights. Within England and Wales, some clinical scenarios will require a choice to be made between the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA) and its Deprivation of Liberty Safeguards (DoLS). This choice can be complex, is often overlooked and frequently misunderstood in clinical practice. Deciding between the two frameworks must be done on a case-specific basis. With the use of code of practice guidelines, case law and an unfolding clinical scenario we aim in this article to support clinicians in taking a clear-sighted approach to the dilemma and the factors to consider when deciding between the two regimes.

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Publication Details

Journal
BJPsych Advances
Published
2024-08-30
DOI
https://doi.org/10.1192/bja.2024.35
Primary Topic
Healthcare Decision-Making and Restraints
Type
article
Field-Weighted Citation Impact
0.00
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article

Deprivation of liberty in hospital: the MHA versus DoLS dilemma

Alex Ruck Keene, Jeremy Cave, Matthew Lowe
BJPsych Advances
Healthcare Decision-Making and Restraints
article

Deprivation of liberty in hospital: the MHA versus DoLS dilemma

Alex Ruck Keene, Jeremy Cave, Matthew Lowe
article en

Abstract

SUMMARY When admitting patients to hospital and treating them, psychiatrists and other health professionals may need to deprive them of their liberty. Where this occurs, professionals will need to work within a statutory framework to practice legally and protect their patients’ right to liberty under Article 5 of the European Convention on Human Rights. Within England and Wales, some clinical scenarios will require a choice to be made between the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA) and its Deprivation of Liberty Safeguards (DoLS). This choice can be complex, is often overlooked and frequently misunderstood in clinical practice. Deciding between the two frameworks must be done on a case-specific basis. With the use of code of practice guidelines, case law and an unfolding clinical scenario we aim in this article to support clinicians in taking a clear-sighted approach to the dilemma and the factors to consider when deciding between the two regimes.

BJPsych AdvancesVol. 31(2)
King's College London (GB), Royal Berkshire Hospital (GB)
Peace, Justice and strong institutions
Openalex Percentile: Top 80%
Healthcare Decision-Making and Restraints
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