Deprivation of Liberty
Hospitals, under both the Mental Health Act 1983 and the Mental Capacity Act 2005 have powers to detain people. Whether or not they are in their rights to do so, can and should be challenged. Many individuals suffering from mental health disorders can be treated in the community and need not be detained against their will. In some cases it may be in the best interests of the individual for them to be detained. The tests to be applied and detailed and complex. It is therefore in the best interests of the individual to have the best legal advice so that the correct decisions are made for their welfare.