Adults with incapacity reform: easy-read version of consultation

3. Taking away an adult's freedom

Sometimes an adult with incapacity might need to be kept in a hospital or care home for their own good and the good of others. We need to make sure there are good laws about this.

These laws should be as much about how a person lives as where they live.

If an adult is forced to live in a place or a way that they do not want, this should count as taking away their freedom.

We think an adult's freedom has been taken away if:

• Someone has to be with them all the time and they are not free to leave the place where they are being kept.
• Barriers (locked doors) are used to keep the adult in some areas where they are being kept.
• Their actions are controlled by physical force, restraints, medication or being watched all the time.

An adult should get support to understand why they are being kept this way and give their views about it.

If they cannot agree to it then another adult who is a guardian or who has power of attorney who has been given the right to make these decisions can make the decisions for the adult with incapacity. A guardian needs to be given the right to make decisions about another adult by the court .When an adult chooses another adult to make decisions for them this is called a power of attorney. This power of attorney will need to clearly say if it allows the adult to have their freedom taken away. If it doesn't, a court order or a guardianship order will be needed.

We think this will make it possible for an adult with incapacity to have their freedom taken away but in a lawful way that is for their own good.

Questions:

Do you agree with our ideas about taking away a person's freedom?

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No

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Are there any other things we need to think about here?

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