These official statistics provide findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2019 to 31 March 2020. DoLS are a legal framework that exist to ensure that individuals who lack the mental capacity to consent to the arrangements for their care, where such care may amount to a “deprivation of liberty”, have the arrangements independently assessed to ensure they are in the best interests of the individual concerned. The data is collected from local authorities in England, who are the supervisory bodies for authorising deprivations of liberty of adults in care homes and hospitals. There were 263,940 applications for DoLS received during 2019-20, relating to 216,980 people. The number of applications has increased by an average of 13.9% each year since 2014-15. The proportion of completed applications in 2019-20 that were not granted was 51.0%. The main reason was given as change in circumstances, at 62.0% of all not granted cases. The proportion of standard applications completed within the statutory timeframe of 21 days was 23.6% in 2019-20. The average length of time for all completed applications was 142 days.
This website provides information about all aspects of the Mental Capacity Act 2005 including the Deprivation of Liberty Safeguards. Note the website has not been updated since 2009 so should be used with caution.
This hub brings together guidance and resources relating to mental capacity, deprivation of liberty and best interests. It covers: the key steps to follow when assessing capacity or making a best interests decision; using the Guzzardi test to determine whether a situation amounts to a deprivation of liberty; what case law says about the capacity to consent to sexual relations and marriage. It also allows to test the knowledge of the law on mental capacity and deprivation of liberty (only available to organisations with a workforce licence).
This web page shares a marketing toolkit designed for organisations to use and raise awareness among customers and employees to spot, stop
and prevent a scam. It includes logos, brochure, banner, posters and social media.
Project status, summary of findings and links to output relating to a review of the Mental Capacity Act and the DoLS. The Law Commission consultation paper was published on 7 July 2015. It contained provisional proposals for the reform of the law and was one of the most extensive public consultation exercises undertaken by the Law Commission. In May 2016 the Commission published an interim statement, summarising the key messages from consultation and setting out some of our initial conclusions. A report setting out recommendations was published on 13 March 2017, together with a draft Bill.
The website is run by a practising solicitor, Jonathan Wilson. It includes links to the full text of the relevant primary and secondary legislation, as well as a searchable and comprehensive database of cases from all levels of tribunals and courts in which the Mental Health Act 1983 and/or the Mental Capacity Act 2005 have been considered.
A brief overview of the Mental Capacity Act 2005, its scope, its provisions and what lack of capacity means.
This report on the Mental Capacity Act (MCA) and care planning provides guidance for both commissioners and provider of social care on how care and support plans can comply with the principles of the MCA.
The film looks at the five key principles of the Mental Capacity Act (MCA), and how these can be applied to the care planning process.
A short film depicting scenes in a domestic setting between an older man and his domiciliary care worker. The film introduces the principles of the Mental Capacity Act in relation to a financial decision.
This guide aims to support the work of local authority and NHS staff who may need to instruct and work with IMCAs in relation to accommodation decisions and care reviews.
SCIE’s Mental Capacity Act awareness training improves understanding for a range of health and social care staff