The Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS) were introduced as the result of changes to the Mental Capacity Act 2005 and came into effect on 1 April 2009.
The MCA DOLS were introduced to prevent deprivations of liberty without proper safeguards including independent consideration and authorisation. Deprivations of liberty in hospitals or care homes, other than under the Mental Health Act 1983, should now follow the MCA DOLS process and all affected patients and residents should benefit from the safeguards.
Who is covered by the MCA DOLS?
The Safeguards apply to people who are:
- cared for in a hospital or registered care home
- aged 18 or over
- have a mental disorder such as dementia or a learning disability and not be liable
for detention Under the Mental Health Act 1983.
- lack the capacity to consent to where their treatment and/or care is given
- need to have their liberty taken away (within the meaning of Article 5 of the
European Convention on Human Rights) in their own best interests to protect them
from harm
For full and detailed information on the MCA DOLS, including the assessment process and practice guidance, please see the DOLS Code of Practice
If you are concerned that someone may be being unlawfully deprived of their liberty in a hospital or care home, please raise your concern directly with the establishment or contact the DOLS team as detailed below.
Further information for Care Homes and Hospitals
Contact details for Bath and North East Somerset for Deprivation of Liberty for both the Primary Care Trust and Local Authority.
- Karen Green - DOLS Administrator - 01225 396149
- Dennis Little - Safeguarding & Mental Capacity Act Co-ordinator - 01225 396187 /