The Mental Capacity Act 2005 Deprivation of Liberty Safeguards (MCA DOLS) protect people who lack capacity to decide about their care and treatment and who need to be cared for in an particularly restrictive way.
The MCA DOLS in its code of practice set out a standard process that hospitals and care homes should follow if they think it will be necessary to deprive a person of their liberty as part of the care regime in their own best interest to protect them from harm. The full code of practice can be in the external links section of this page.
If you believe that someone is being deprived of their liberty without authorisation in a hospital or care home, talk to person in charge and ask them to apply for authorisation. If they do not, and you are still concerned, please contact the Cambridgeshire Deprivation of Liberty Team on 01223 718851.
Who is covered by the MCA DOLS?
To meet the criteria of the Safeguards, a person must
- be cared for in a hospital or care home and
- be 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.
- lack the capacity to consent to where their treatment and/or care is given
- need to have their liberty taken away in their own best interests to protect them from harm
- There must also be no conflict with a valid legal arrangement such as Lasting Power of Attorney for health and welfare or an advance decision to refuse treatment.