Who is covered by the Mental Capacity Act Deprivation of Liberty Safeguards?
The safeguards apply to people in hospitals or registered care homes, who meet all the following criteria. A person must: • be aged 18 or over; • have a mental disorder (as defined by the Mental Health Act) such as dementia, learning disability; • lack the capacity to consent to arrangements being proposed for their care and/or treatment; and • need to be restricted to such a degree that this amounts to deprivation of liberty (in terms of the Human Rights Act) in their own best interests to protect them from harm.
