Mental Capacity Act including DoLS

The Mental Capacity Act (MCA) 2005 promotes a person centred approach which promotes autonomy and for those who may lack mental capacity ensures that decisions made on their behalf are made in their best interests and with the least possible restriction of freedoms.


It is recognised that much has already been achieved but that more needs to be done across the system to fully implement this important piece of legislation. Building on the work carried out in individual authorities, the Local Government Association (LGA) and the Association of Directors of Social Services (ADASS) have produced a range of resources that can assist local areas in their implementation of the Act, including the Deprivation of Liberty Safeguards (DoLS).

Improvement tool

Developed by the sector, this resource aims to be a self-assessment tool that can be used across a range of organisations to assess a service, to identify and promote good practice and to highlight areas for further development. More bespoke support can be discussed with LGA regional representatives.

Mental Capacity Act and Deprivation of Liberty Safeguards Improvement Tool

Mental Capacity Act

Promoting less restrictive practice

This toolkit aims to aims to help practitioners identify restrictions in a person's care, in order to examine whether the care is the ‘least restrictive' possible, as required by the Mental Capacity Act. Developed by ADASS, the Care Provider Alliance and the LGA, it can also be used as part of care planning to ‘promote liberty and autonomy' in care plans.
Promoting less restrictive practice

Putting the MCA principles at the heart of adult social care commissioning

Commissioners will want to ensure that the services are being delivered in a way that both respects and promotes the rights of vulnerable individuals. This ADASS and LGA guide seeks to support local commissioners' understanding and application of the MCA. It provides a framework and a series of key questions for local commissioners to use at every stage of the commissioning process.
Putting the Mental Capacity Act principles at the heart of adult social care commissioning: A guide for compliance

Regional support

Led by ADASS, each region has an MCA including DoLS lead attending a national network. This enables each region to share best practice, to support improvement locally and regionally and to have a source of information and expertise.

Regional MCA-DoLS Leads      Name of Lead               Email
Region    
East of England Joseph Yow joseph.yow@cambidgeshire.gov.uk
East Midlands Heather Blow Heather.blow@lincolnshire.gov.uk
London Henry Gilfillan henry.gilfillan@bexley.gov.uk
North East Melony Bramwell Melonybramwell@gateshead.gov.uk
North West Penny Davidson pdavidson@warrington.gov.uk
South East Sarah Pady spady@buckscc.gov.uk
South West Chris Hamilton CAHamilton@somerset.gov.uk
West Midlands Lorraine Currie Lorraine.currie@shropshire.gov.uk
Yorkshire and the Humber Amanda Coyne Amanda.Coyne@rotherham.gov.uk

 

MCA guidance for community based services and members of care providers' boards

The Transforming Care programme, in partnership with the Care Providers Alliance, commissioned some guidance for providers of community services and a briefing paper aimed at members of care provider's boards in order to support providers to apply the MCA in the right way, alongside an easy read guide to the MCA.

Applications to the Court of Protection: a guide for council staff

Any decision in relation to an application to Court of Protection must be informed by the MCA, the MCA Code of Practice and case law. This note produced in June 2017 for ADASS offers guidance to Councils about when the intervention of the Court of Protection may be needed in relation to welfare decisions where a person lacks mental capacity for the decision. This overview is not a replacement for legal advice which should always be sought in individual cases.

Other resources

Deprivation of Liberty safeguards (DoLs)

The Deprivation of Liberty Safeguards (DoLs) form part of the Mental Capacity Act. The Law Society has produced a practical guide to identifying a deprivation of liberty.

ADASS Deprivation of Liberty Safeguards guidance

ADASS has provided guidance to councils in their role as supervisory body for the Mental Capacity Act Deprivation of Liberty Safeguards and a revised full set of the DoLS forms. A toolkit seeks to assist those completing Form 3.

'Your rights'
Your rights is a simple information sheet for those people who are being deprived of liberty in either hospitals or care homes to signpost people to their rights. Developed in spring 2016 by a small project group representing ADASS, NHS England, representatives of care providers, the LGA, and the Ministry of Justice. It can be used by care and health providers, local commissioners and people that use services and its aim is to ensure that the rights of people who lack capacity are effectively safeguarded.

Quick Guides to DoLS
ADASS produced two short guides in June 2017 on Deprivation of Liberty Safeguards (DoLS) and Deprivation of Liberty Orders (also known as Community DoLS or Judicial Appointments). They cover the following areas and include examples:

  • What does deprivation of liberty mean?
  • What does this mean in practice?
  • How does it affect my family member or my friend?

Impact of Supreme Court decision

The Supreme Court judgment means that thousands more people will need to be assessed under the Deprivation of Liberty Safeguards (DoLS).

NHS Digital supplies annual data on DoLS. Read the LGA response to the 2017 report.

SCIE has also produced a range of resources looking at the impact of the March 2014 Supreme Court judgment on DoLS.

Updated At a glance: The Deprivation of Liberty Safeguards

We want to work with government so that DoLS is reformed and sustainably funded so that people's rights can be maintained. Find out more about our joint work with ADASS on the pressures caused by the judgement.

Reform of DoLs

Government introduced the Mental Capacity (Amendment) Bill 2017-19 on 3 July 2018. Read the joint briefing from ADASS and the LGA for the second reading of the Bill in the House of Lords. This broadly welcomed the reform of the current complex system and looked forward to working with government and other partners on implementation, particularly around training and the new responsibilities for providers.

Read the LGA response to the parallel review of the Mental Health Act.

The Joint Committee on Human Rights ran an inquiry on DoLS to inform any future legislation. Read the ADASS response.

The Government responded to work by the Law Commission on their review of DoLs. Read the LGA response to the review. The House of Commons Library has released a Deprivation of Liberty Safeguards briefing document that summarises the Law Commission's recommendation that DoLS be replaced with a new scheme called the Liberty Protection Safeguards.

The Policing and Crime Act relieves coroners of the current duty to undertake an inquest into every death after 3 April 2017 where the deceased was subject to a DoLS authorisation.