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Mental Capacity and DoLS

Quick guidance on the Mental Capacity Act and Deprivation of Liberty Safeguards (DoLS)

Mental Capacity and DoLS

Mental Capacity Act (MCA) – applies to those involved in the care, treatment and support of people aged 16 years and over who are unable to make all or some decisions for themselves.

Deprivation of Liberty Safeguards (DOLS) – The MCA 2005 includes DOLS - a set of checks that aims to make sure that any care that restricts a person’s liberty is both appropriate and in their best interests.

Liberty Protection Safeguards (LPS) -  On the 17th March 2022 the Government launched a public consultation on proposed changes to the Mental Capacity Act (MCA) Code of Practice for England and Wales which included guidance on the new LPS system.  There are six sets of draft regulations which will underpin LPS and a number of documents that are intended to support the sector with LPS implementation have also been published that can be accessed on the GOV.UK website.

Further guidance on Mental Capacity and DoLS can be accessed on the SCIE website.  

Tony Anyaegbu DoLS/MCA Manager has provided a presentation that gives an overview of the Liberty Protection Safeguards, draft MCA Code of Practice and consultation process.  

Deprivation of Liberty Safeguards (DoLS) - key elements

The key elements of these safeguards are:

  • to provide the person with a representative – a person who is given certain rights and who should look out for and monitor the person receiving care (see The ‘relevant person’s representative’ below)
  • to give the person (or their representative) the right to challenge a deprivation of liberty through the Court of Protection (see ‘Other useful organisations’)
  • to provide a mechanism for a deprivation of liberty to be reviewed and monitored regularly

However if it is confirmed that restraint and restrictions is in the persons best interest and the person lacks capacity to make the decision themselves, the restraints and restrictions must be proportionate to the harm the care giver is seeking to prevent, examples include but are not limited to:

  • removing items from a person that could cause harm
  • physically stopping a person from doing something
    that could cause harm
  • close supervision in the home or use of isolation
  • requiring a person to be supervised when out
  • holding a person so that care, support, treatment can be administered

The final decision regarding what amounts to a deprivation of liberty is decided by the courts. Further information regarding how deprivation of liberty is authorised can be found here.

Last updated: 20 November 2025