Someone is deprived of their liberty when they are under continuous supervision and control and are not free to leave the place where they are receiving care and treatment People may be deprived of their liberty in health and care settings if they are detained in hospital for assessment or treatment, or if they reside in a care home or nursing home and are unable to consent to their care arrangements. People can legally be deprived of their liberty in health and care settings using the Mental Health Act 1983 and/or the Mental Capacity Act 2005. 
See also: Deprivation of Liberty Safeguards (DoLS). 

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