Adult Social Care Glossary, v 0.6

4A Restriction on deprivation of liberty

(1) This Act does not authorise any person (“D”) to deprive any other person (“P”) of his liberty.

(2) But that is subject to—
(a)the following provisions of this section, and
(b)section 4B.

(3) D may deprive P of his liberty if, by doing so, D is giving effect to a relevant decision of the court.

(4) A relevant decision of the court is a decision made by an order under section 16(2)(a) in relation to a matter concerning P's personal welfare.

(5) D may deprive P of his liberty if the deprivation is authorised by Schedule A1 (hospital and care home residents: deprivation of liberty).
D may deprive P of liberty if, by doing so, D is carrying out arrangements authorised under Schedule AA1 (arrangements enabling the care and treatment of persons who lack capacity).

4B Deprivation of liberty necessary for life-sustaining treatment or vital act

(1) If Conditions 1 to 4 are met, D is authorised to take steps which deprive P of liberty.

(2) Condition 1 is that the steps—
(a) are wholly or partly for the purpose of giving P life-sustaining treatment or doing any vital act, or
(b) consist wholly or partly of giving P life-sustaining treatment or doing any vital act.

(3) A vital act is any act which the person doing it reasonably believes to be necessary to prevent a serious deterioration in P's condition.

(4) Condition 2 is that the steps are necessary in order to give the life-sustaining treatment or do the vital act.

(5) Condition 3 is that D reasonably believes that P lacks capacity to consent to D taking the steps.

(6) Condition 4 is that—
(a) subsection (7) applies, or
(b) there is an emergency.

(7) This subsection applies if—
(a) a decision relevant to whether D is authorised to deprive P of liberty is being sought from the court, or
(b) a responsible body is carrying out functions under Schedule AA1 with a view to determining whether to authorise arrangements that give rise to a deprivation of P's liberty.

(8) In subsection (7) it does not matter—
(a) whether the decision mentioned in paragraph (a) relates to the steps mentioned in subsection (1);
(b) whether the arrangements mentioned in paragraph (b) include those steps.

(9) There is an emergency if D reasonably believes that—
(a) there is an urgent need to take the steps mentioned in subsection (1) in order to give the life-sustaining treatment or do the vital act, and
(b) it is not reasonably practicable before taking those steps—
(i) to make an application for P to be detained under Part 2 of the Mental Health Act,
(ii) to make an application within subsection (7)(a), or
(iii) to secure that action within subsection (7)(b) is taken.