The government’s response to the Law Commission’s consultation on how the law should regulate deprivations of liberty (DoLS) for people who lack capacity to consent to their care and treatment arrangements. It sets out the government’s provisional view of each individual proposals, including the areas of authorising a DoL, the duration of authorisation, Independent Mental Capacity Advocates and appointment of appropriate persons, challenging authorisations and the role of the Courts, fit with the Mental Health Act and monitoring. The response agrees in principle that the current DoLs system should be replaced and mostly agrees with the Liberty Protection Safeguards model.

Information about the Liberty Protection Safeguards (LPS) system, which will be replacing the Deprivation of Liberty Safeguards (DoLS). The LPS will provide protection for people aged 16 and above who are or who need to be deprived of their liberty in order to enable their care or treatment and lack the mental capacity to consent to their arrangements. The guidance outlines the key changes introduced by the LPS: three assessments will form the basis of the authorisation of Liberty Protection Safeguards; greater involvement for families; targeted approach; extending the scheme to and 16 and 17-year-olds; extending the scheme to domestic settings; and the roles of clinical commissioning groups (CCGs), NHS trusts and local health boards as Responsible Bodies.
[Updated 3 August 2021]

Court of Protection forms including the applications to make decisions on someone’s behalf; to become someone’s deputy; to authorise a deprivation of liberty; and applications relating to powers of attorney.

This page relates to decision making under the Mental Capacity Act (MCA). It provides information on the Code of Practice, health and care workers who give advice as part of their job, plus information about the Independent mental capacity advocate (IMCA) service and the benefits of the service.

The Office of the Public Guardian’s website. It contains resources and guidance on a range of topics, including: making a lasting power of attorney; using a lasting power of attorney; viewing a lasting power of attorney; claiming a power of attorney refund online; how to make, register or end a lasting power of attorney; deputies: acting on behalf of someone who lacks mental capacity; claiming a deputyship fee refund; completing the deputy report online; managing a missing person’s finances and property; and reporting a concern about an attorney, deputy or guardian.

Brings together emergency guidance for health and social care staff in England and Wales who are caring for, or treating, a person who lacks the relevant mental capacity during the coronavirus outbreak. The guidance ensures that decision makers are clear about the steps they need to take during this period. It focuses on new scenarios and potential ‘deprivations of liberty’ created by the outbreak. During the outbreak, the principles of the Mental Capacity Act 2005 (MCA) and the safeguards provided by the deprivation of liberty safeguards (DoLS) still apply. The MCA provides protection for people who lack or may lack the relevant mental capacity to make decisions about different aspects of their life. The DoLS are an important part of this act and provide further safeguards for those who need to be deprived of their liberty in order to receive care or treatment in a care home or hospital, but do not have the capacity to consent to those arrangements. [Published 9 April 2020. Last updated 27 April 2021]

This group is intended for Best Interest Assessors under the Deprivation of Liberty Safeguards, students working towards qualifying and other professionals with practice interests in the Mental Capacity Act. This site is intended as an aid to develop practice knowledge by allowing discussion, peer support and the sharing of ideas and references, it is not a substitute for professional supervision or considered legal advice.

This guidance provides a framework to help doctors to make decisions with their patient about their treatment and care. By following it, it will help doctors make sure they have informed consent from their patients. And that they involve families and others when it’s appropriate. It has advice on: what to tell a patient when talking about risks; what to do if a patient doesn’t want to hear information that may be relevant; when to obtain written consent; what needs to be recorded. The guidance will also help doctors when their patients lack capacity (Part 3). It includes a list of things they should consider and has advice on dealing with disagreements.

This interactive tool will help health professionals decide what to do when in doubt about their patient’s capacity to make decisions about their care. The advice is based on the principles in BMA guidance ‘Consent: patients and doctors making decisions together’ and ‘Treatment and care towards the end of life: good practice in decision-making’.

This guidance provides an overview of deputyship. It covers: who can apply to be a deputy; responsibilities; apply to be a deputy; fees; after you’ve applied; when you’re appointed; supervision, support and visits; accounts, gifts and expenses; complete your deputy report; change your deputyship or make a one-off decision; end your deputyship.

This opinion piece by a lay former family-carer argues that the MCA is a somewhat ugly camel, not the beautiful horse many people think it is. The author contends the Act never specifies who can be a best-interests decision-maker; it allows a legally-authorised, but crucially not medically or legally trained, layperson to be appointed as a health and welfare attorney and control best-interests decision-making; and the Act establishes further Codes to be ‘regarded by’ various categories of people, but not by normal family carers, who must obey the Act, but are not required to ‘have regard to’ the Code.

A Mental Capacity Act e-Learning course. This session covers the principles of the Mental Capacity Act and looks at how to assess capacity. It offers opportunities to reflect on aspects of the Mental Capacity Act and its practice.