Mental Capacity and Deprivation of Liberty Safeguards (DoLS)

The Mental Capacity Act 2005 is an important piece of law which seeks to ensure that people over the aged of 16, who may not be able to make decisions themselves about their life such as care and treatment receive the support to do so.  The Mental Capacity Act sets on in law how someone should be supported to make these decisions.   Where they are unable to do so it sets out what should be considered to make decisions on behalf of someone else, known as their “best interests”.  The Mental Capacity Act applies to anyone working in health and social care.  They must be able to demonstrate how they applied the law to their decision making.

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Deprivation of Liberty Safeguards (DoLS) which is part of The Mental Capacity Act adds additional protection to those people unable to make their own decisions about their care and treatment in a care home or hospital, where that care is felt to be restrictive.  DoLS provides additional scrutiny to ensure that the restrictions in place are in the person’s best interests.  There are occasions when someone may need to be deprived of their liberty in their own home for which there is a separate process in place in which the best interest’s decision is made by the Court of Protection.

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If you require further information, resources, or wish to speak to anyone about The Mental Capacity Act the ICB has a designated MCA Lead who can be contacted at:

Useful links and documents

 

30/05/2022