This section provides guidance and resources relating to Mental Capacity Act (MCA), assessments and Deprivation of Liberty Safeguards (DoLs).
Please note that this page and associated links are currently under review (Jan 2025)
Mental capacity underpins the safeguarding approach. This is because the individual’s opinions must be taken into consideration in any safeguarding interventions where this is possible.
A range of resources and information has been developed across pan-Lancashire with regard to MCA which can be found below.
Deprivation of Liberty Safeguards (DoLs) are rooted in the Mental Capacity Act 2005. DoLs are intended to ensure that people who lack mental capacity are protected in law from being deprived of their liberty illegally. The types of settings where this could occur include residential care and nursing homes and hospitals.
The care / nursing home / hospital known as the Managing Authority completes an application and submits it in each case to the local authority for consideration. Following a specialist assessment, a legal deprivation can then be authorised with explicit conditions for the care provider about the how that care should be delivered.
MCA Assessment Practice Guidance Toolkit:
This guidance should be considered as part of legal advice from your own organisation.
This guidance may have been updated, and should be considered as part of legal advice from your own organisation
Legal Updates
39 Essex Chambers has developed resources for those seeking to apply and understand the Mental Capacity Act 2005, as well as to understand mental capacity within the law more generally. This includes case law databases, summaries, mental capacity reports and guidance notes in assessing capacity and applying best interests:
Shedinars This website provides helpful links to ‘shedinars’ which are divided into introductions to mental capacity law, and conversations with key experts on the topic. Each shedinar is 20 minutes long.
Mental Capacity Law and Policy helpful website created by Alex Ruck Keene, a practising barrister, writer, and educator specialising in mental capacity law.
Liberty Protection Safeguards in Mental health and Capacity law - Resources and training opportunities
Other Useful Resources
Skills for Care supporting the adult social care sector
Research in Practice offers easy access to MCA learning resources to bring together research evidence and practice expertise from people’s lived experiences.
Social Care Institute for Excellence (SCIE) a useful website which provides Information, guidance, and accredited training for care and health staff to support, protect and empower people who may lack capacity.
NICE (National Institute for Health and Care Excellence) - Decision-making and mental capacity [NG 108] October 2018; Decision making and mental capacity [QS 194] Quality standard August 2020, supplements NG 108. A toolkit for doctors working in England and Wales
College of Policing Mental capacity authorised professional practice for Police Officers
The tools below have been developed by the MCA/DoLS Sub Group to reflect standards of practice within organisations. The aim of the tool is to provide organisations with a consistent framework to assess, monitor and/or improve their arrangements in line with the Mental Capacity Act 2005.
The audit process requires partner agencies to complete all sections of the tool to self-assess and benchmark their own areas and to enable you to:
- Identify strengths and areas of good practice;
- Identify areas for improvement within individual organisations; and
- Prepare action plans to monitor improvements.
Download the tools below: