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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.  

The COP 3 form can be completed by social workers and by practitioners and professionals such as occupational therapists or psychologists etc. Practitioners are required to complete part A of this form and part B which includes the two stage capacity assessment. As most of the information recorded will already captured on the Mental Capacity Assessment for the decisions required, this information can be carried over to the COP3 Form.

It is essential that all forms are completed to a high standard in order to minimise any applications being rejected by the Courts. Practitioners need to be aware that the information provided in the forms must be relevant, concise and relate to the decision being required. Practitioners also need to be aware that any information provided on the forms is admissible in Court.

The COP 3 guidance template is available to provide assistance to practitioners where written evidence is required.

Court of Protection documents can be found on the Gov.uk website.

Last updated: 24 July 2023