Article 5 of the Human Rights Act states that 'everyone has the right to liberty and security of person and no one shall be deprived of his or her liberty unless in accordance with a procedure prescribed in law'.

A Deprivation of Liberty in the Community is a deprivation of liberty caused by restrictive care and treatment put in place in a person’s own home, community setting, supporting living placement or extra-care scheme to keep them safe from harm, but to which they lack the capacity to consent.

A Deprivation of Liberty in the Community is unlawful unless it has been authorised by the Court of Protection (or in the case of children under the age of 16 the High Court).