Alex RKMy colleagues from the doughty 39 Essex Chambers Mental Capacity Report team and I have sought to wrestle with the change of tack from the courts as regards the application of the concept of deprivation of liberty in the hospital setting. Our revised guidance note (entirely replacing the discussion paper I had co-authored in 2015) can now be found here, looking both at what deprivation of liberty means in the hospital setting, and how it can be authorised (in particular by reference to the dread MCA/MHA interface). We also seek to lay out practical routes for dealing with emergency situations, in particular in A&E settings.
