Each of us have a Right to Liberty, as outlined in the Human Rights Act (article 5). However, in certain circumstances, these Rights can be significantly reduced and infringed upon. Typically, this would be in a healthcare setting, where certain liberties may be restricted in order to protect the individual, or others, from harm.
A key focus of the Mental Capacity Act (Northern Ireland) is the Deprivation of Liberty, also known as DoL. While there are some similarities with the MCA for England and Wales, there are some key differences in how the process works in Northern Ireland. In particular, there are two separate Codes of Practice that professionals must adhere to. The process for conducting an assessment is also slightly different.
The Mental Capacity Act (Northern Ireland) is a pivotal piece of legislation designed to promote rights and safeguard vulnerable people who are not able to make decisions for themselves. It also includes rules around the Deprivation of Liberty Safeguards (DoLS).