This document provides guidance in relation to the commissioners’ duty to ensure provider services are delivered in accordance with the provisions of the Mental Capacity Act and that the rights of those who use services are promoted and protected.

This resource describes good practice in the management and implementation of the Deprivation of Liberty Safeguards (DoLS; the Safeguards).

The purpose of this document is to outline commissioner Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS) assurance responsibilities for the services they commission.

This audit is to help the CCG gain assurance that the Mental Capacity Act is embedded in commissioned organisations. Commissioners have a duty to ensure that all provider services are delivered in accordance with the provisions of the Mental Capacity Act, and that the rights of those who use the service are promoted and protected. CCGs have a duty to ensure providers of healthcare understand the MCA, apply it and monitor compliance.