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Before a person can be lawfully deprived of their liberty in a hospital or care home, a Standard Authorisation must be obtained. This ensures that any restrictions are legal, proportionate, and in the individual's best interests.
The Managing Authority—typically the registered care home manager or NHS trust—must apply for authorisation when someone is under continuous supervision and not free to leave.
Depriving someone of liberty without formal authorisation is unlawful. If this happens:
Applications must be sent to the Supervisory Body (e.g. local authority) and include:
The Supervisory Body has up to 21 calendar days to assess and decide. They will confirm:
In emergencies, the Managing Authority may issue an Urgent Authorisation for up to 7 days (with a possible 7-day extension).
This must be followed by a standard authorisation request and used only when absolutely necessary. The reasoning must be clearly documented.
In urgent cases, always:
Adults (18+) with capacity may make an Advance Decision to Refuse Treatment. It must:
If valid and applicable, advance decisions are legally binding under the Mental Capacity Act and must be followed.
