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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.  

Where a person appears to lack capacity with regards to decisions about their care, the formal Mental Capacity Assessment and Best Interest Decision making process must be followed, before any application for funding and arrangement of services.

This includes the completion of the relevant forms/episodes within Mosaic. Mental capacity assessments must be captured in the mental capacity episode and the best interest decision within the best interest meeting episode.

Only where the situation is an emergency, the capacity assessment can be noted in case notes on Mosaic and then the formal processes completed once the situation has been made safe. Please note that any decision made on behalf of person who may lack capacity is only lawful if the requirements of the Mental Capacity Act are followed.

Case law regarding mental capacity assessment for social media and internet use can be found here.

Additionally the Islington Safeguarding Adults Board has put together some information regarding how in Adult Social Care we can get better at using the Mental Capacity Act in practice. 

The Research in Practice MCA Decision Making - Care, support and treatment document explores care and support planning within direct care settings under the Mental Capacity Act
2005 (MCA).  It focuses on care planning and delivery of day to day care, support and treatment in direct care settings.

Last updated: 14 December 2021