Abstract
The Mental Health Act 2007 introduced an amendment to the Mental Capacity Act 2005 that authorises the deprivation of liberty of a person who lacks decision-making capacity in a care home or hospital, where this is necessary to protect him/her from harm. Healthcare managers in hospital trusts will be required to identify patients being deprived of their liberty and request authorisation from their supervisory body for this to continue in the patient's best interests. The safeguards are come into force on the 1 April 2009.
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