Mental Capacity Act/ Deprivation of Liberty Safeguards
The Mental Capacity Act (MCA) 2005, covering England and Wales, provides a statutory framework for people who lack capacity to make decisions for themselves, or who have capacity and want to make preparations for a time when they may lack capacity in the future. It sets out who can take decisions, in which situations, and how they should go about this. The legal framework is supported by the MCA Code of Practice, which provides guidance and information about how the Act works in practice which has statutory force.
In some cases, people lack the capacity to consent to particular treatment or care that is recognised by others as being in their best interests, or which will protect them from harm. Where this care might involve depriving vulnerable people of their liberty extra safeguards have been introduced, in law, to protect their rights and ensure that the care or treatment they receive is in their best interests. The deprivation of liberty safeguards (DoLs) were introduced to provide a legal framework around deprivation of liberty.
On 16th May 2019 the Mental Capacity (Amendment) Act gained Royal Assent. The Act provides an update on the 2005 Mental Capacity Act. The act and a new Code of Practice will introduce the Liberty Protection Safeguards (LPS), which in 2022 will replace DoLS as the model to safeguard and protect individuals who lack capacity and may be deprived of their liberty during their care.
Guidance:
 Mental Capacity Act 2005 |
| Mental Capacity (Amendment) Act 2019 |
| Mental Capacity Act Code of Practice |