Restraint, Mental Capacity & the Court of Protection - Practical Guidance & Key Case Law

Introduction

When a person lacks mental capacity, it may be necessary for people involved in their care to invoke the use of restraint, whether that be by physical or chemical restraint, or both.

Restraint might be required in various scenarios. These include where restraint is needed to protect the person or others from harm (for example carers/other residents), to deliver a much-needed medical intervention, or to deliver day-to-day care and support for that person.

Yet the use of restraint is a serious step and is subject to careful legal regulation and scrutiny by the Court.

Despite the number of care plans which provide for the use of restraint and the number of cases before the Court of Protection where the court is asked to authorise the use of restraint, this is an area of law which is often little understood.

This webinar will examine the sorts of situations in which the Court of Protection is asked to authorise the use of restraint, as well as explore the circumstances in which the Mental Capacity Act 2005 authorises the use of restraint without the need for court authorisation. It will cover important case law and guidance on this topic, and will provide practical suggestions for professionals who deal with situations where authorisation for restraint may be required.

What You Will Learn

This webinar will cover the following:

• The meaning of physical and chemical restraint
• Common scenarios where the use of restraint arises in dealing with persons who lack mental capacity
• When restraint is permitted by the Mental Capacity Act 2005
• The legal limits on the use of restraint
• How to differentiate between the use of restraint and a deprivation of liberty
• Key case law and other guidance on the use of restraint
• Practical tips for restraint cases

This pre-recorded webinar will be available to view from Friday 1st May 2026

Alternatively, you can gain access to this webinar and 2,101 others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.