Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Assent definition

What does Assent mean? In probate practice, an assent is the act or instrument by which personal representatives (executors or administrators) transfer estate assets to a beneficiary in satisfaction of a will or intestacy entitlement. Only personal representatives can give an assent. It is usually used once debts, taxes and expenses are provided for and the beneficiary’s interest is confirmed. An assent gives effect to the gift: after assenting, the personal representatives hold the asset on bare trust for the beneficiary until any remaining formalities (such as land registration or re-registration of shares) are completed. Use and terminology are broadly consistent across...

Private deprivation of liberty: Article 5 ECHR, state imputability, positive duties, case law, and authorisation routes (DoLS, Court of Protection, LPS) in England and Wales

Published by a LexisNexis Local Government expert

Practice notes

This Practice Note examines the notion of ‘private’ deprivations of liberty for the purposes of Article 5 of the European Convention on Human Rights (ECHR), in relation to people who lack material decision-making capacity. A private deprivation of liberty arises where the relevant care or treatment is not directly commissioned or paid for by the state but by private individuals—for example, where the person’s family arranges support and meets the costs from the person’s own resources or family funds.

A private deprivation of liberty could occur in:

a hospital or care home (for instance, the person or their family securing and funding a private placement without any involvement from a public authority)
supported living or ‘shared lives’ accommodation (sometimes called adult placements)
domestic settings (where the person resides in a family home or lives alone in ordinary, non-specialist housing)

What is deprivation of liberty?

Article 5 of the ECHR protects the right to personal liberty and stipulates that no one should be deprived of liberty in an arbitrary manner. Article 5(1)(e) permits the lawful detention of, among...

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Tim Spencer-Lane

Tim is a lawyer who specialises in mental capacity, mental health and social care law. At the Law Commission he led the reviews of the deprivation of liberty safeguards, health and social care professional regulation, and adult social care. He now works for the Government Legal Department (Department of Health and Social Care) where he advises on mental capacity and mental health law. Tim is the author of the /Care Act Manual/ (third edition 2019, Sweet and Maxwell) and co-author of /the Approved Mental Health Professional Practice Handbook/ (2020, Policy Press). He is also a General Editor of the Encyclopedia of Social Services and Child Care Law, a contributor to Cross on Local Government and legal editor of Community Care Inform. Tim also is a guest lecturer at Kingston University where he teaches on the best interests assessor, and adult...

Web page updated on 21/05/2026

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