Challenging deprivation of liberty
Independent Mental Capacity Advocates and Relevant Person's Representatives have a positive obligation to assist a person to challenge the deprivation of their liberty in the court where necessary and appropriate. You can make a challenge with or on behalf of an individual if they:
- Do not agree with their capacity assessment
- Are objecting to the deprivation of liberty authorisation, wishing to:
- Leave their current placement and return home
- Leave their current placement and move to a different, or less restrictive, placement.
We can also assist you with issues relating to:
- Acting as a 'litigation friend'
- Court of Protection proceedings
- Concerns about capacity assessments, including capacity to consent to sex and marriage, and capacity to access the internet and use social media where there may be concerns in relation to this
- Welfare disputes, including disputes about a change of residence, contact with others and serious medical treatment
- Where a deprivation of liberty authorisation has lapsed and the person is still deprived of their liberty.
Where the individual is challenging the lawfulness of the deprivation of their liberty and a standard, or urgent, authorisation is in place, non-means tested legal aid is available (subject to a merits test). We have a legal aid contract and are able to provide legal aid funding in these types of cases.
We often receive instructions from IMCAs and RPRs to visit a service user in their placement, where we will undertake a joint visit, review the restrictions and whether an application to the Court of Protection is required.
Our specialist deprivation of liberty solicitors have extensive expertise and knowledge in this complex area of law. We are committed to making the process for RPR and IMCAs less stressful, time consuming and as simple as possible.
For further information, please contact us on 0175 321 5096 or complete our online enquiry form and a member of our specialist team will contact you directly.