Restraint

It is sometimes necessary to restrain a person lacking mental capacity in their best interests, to prevent harm to them. The MCA sets out the framework for making best interests decisions about restraint in a way that protects the person’s rights and provides protection from liability when the person cannot consent to the proposed actions. In some circumstances, the care plan for such people might be so restrictive that it amounts to depriving them of their liberty. Deprivation of liberty of someone lacking capacity is not lawful or protected from liability unless explicitly authorised. See session Deprivation of Liberty (783-006) for more details. However, restraint and deprivation of liberty overlap and practitioners must understand clearly how to use them lawfully within the MCA.