To be deprived of, or prevented from exercising, one’s liberty is a significant incursion on a person’s human rights. However, thousands of people with cognitive disabilities, mental illness and/or age- related disabilities are admitted to and reside in social care settings like group homes, hospitals and nursing homes where they are subject to very high levels of supervision and other restrictions on their freedom, up to and including complete and continuous deprivations of liberty. Where the person lacks the decision-making capabilities to give informed consent to those restrictions, it is common practice for facilities to rely on the informal consent of family members and/or their belief that a duty of care permits or requires them to do so.

While some restrictions that affect people with disability are authorised under existing legislation, some are not.

OPA believes that law reform is needed here, and to this end has produced a discussion paper outlining a possible framework by which deprivations of liberty could be minimised and, where necessary, lawfully authorised.