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.

This guide is intended for bereaved people and others who may be affected by a coroner investigation or are attending a coroner’s inquest. The guide provides bereaved people with an explanation of the coroner investigation and inquest process as well as links to other organisations that may also provide help and advice. Whilst the guide is focused on bereaved people, it will also be useful for others, including other interested persons and witnesses as well as members of the public who want to understand coroner processes. The guide includes a protocol of key principles which applies when a government department has interested person status in an inquest. The protocol aims to ensure that the department recognises the need for bereaved people to be involved throughout the inquest process. The guide is not intended as a statement of the law and does not cover every situation that might arise.

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 is a final stage impact assessment for the Mental Capacity (Amendment) Bill. It
evaluates options for reforming the Deprivation of Liberty Safeguards (DoLS) system.

Sets out in detail the Government’s provisional view of each individual proposal, broadly agreeing with the Liberty Protection Safeguards model. As the Government has commissioned a review into the Mental Health Act, proposals that relate to the interface between the Mental Health Act and Mental Capacity Act will be considered as part of that review. The Government also wants to ensure that Liberty Protection Safeguards fit with the conditions and future direction of the health and social care sector, so it will continue to work through the detail of the recommendations and engage further with stakeholders particularly on implementation. The Government will bring forward legislation to implement the model in due course.

Annual report of the Chair of the National Mental Capacity Forum, covering the Forum’s work over the year, the Chair’s priorities for the coming year, and details of Forum members. Each chapter describes the achievements and ongoing work against the four priorities for 2017: Improving understanding; Hearing the voice of the person; Supporting carers; and Reducing and preventing exploitation. Achievements include the development of guidelines and training material for front line staff in the financial and banking sector and increased awareness of fraud and scam and the risks for people ‘in vulnerable circumstances.’ The report includes illustrative good practice examples of initiatives relevant to the implementation of the Mental Capacity Act.

The Mental Capacity Act 2005 Deprivation of Liberty Safeguards (MCA DOLS) exists to protect people who cannot make decisions about their care and where personal freedoms need to be restricted in the patients best interests. The following guidance is for hospitals and care home managers to support them understand and fulfil their statutory obligations under the Mental Capacity Act Deprivation of Liberty Safeguards legislation.

The Committee’s key finding in this evidence-led inquiry is that the Mental Capacity Act 2005 is not widely implemented. To address this, the Committee recommends that responsibility for implementing the Act be given to an independent body. The Committee’s second key finding is that the Deprivation of Liberty Safeguards are not fit for purpose. The Committee recommends that they be replaced with new provisions. This report considers: whether the Act is working as intended in respect of the Act’s five core principles; how to address poor implementation of the Act; advocacy and advance planning; whether the Court of Protection is appropriate (or should there be a Mental Capacity Tribunal instead); and criminal law provisions under Section 44 of the Act. It summarises and refers to cases of unlawful detention under the Act (Steven Neary), and the deprivation of liberty of an autistic man with a profound learning disability, HL at Bournewood Hospital for 32 years. It includes as a good practice example, the work by Jim Blair, a learning disability nurse consultant who explained adjustments made for effective treatment and outcomes for adults with learning disabilities appropriate to their needs. The Committee makes recommendations to Government to: work with regulators and professional bodies to ensure the Act is given a higher profile in training, standard setting and inspections; increase staff resources at the Court of Protection to speed up handling of non-controversial cases; and reconsider the provision of non-means tested legal aid to those who lack capacity, especially in cases of deprivation of liberty. Local authorities should use their discretionary powers to appoint Independent Mental Capacity Advocates more widely than is currently the case. The Government should act on the poor levels of awareness and understanding of Lasting Powers of Attorney and advance decisions to refuse treatment among professionals in the health and social care sectors. The Government should also review the criminal law provision for ill-treatment or neglect of a person lacking capacity, to ensure that the Act is fit for purpose. The Committee recommends that the House of Lords seek an update from the Government twelve months from now to find out what they have done in response to their key recommendations. An easy read version is also available.

When a person lacks the mental capacity to make decisions about the care or treatment they need, it is sometimes in their best interests to deprive them of their liberty. The Mental Capacity Act 2005 Deprivation of Liberty Safeguards (MCA DOLS) exists to ensure that no one is deprived of their liberty without good reasons. It is the right of every person deprived of their liberty under MCA DOLS to have a relevant person’s representatives (RPR). This booklet is designed to help relevant person’s representatives understand and fulfil their statutory role under the MCA DOLS legislation.

This document describes the work that has taken place to raise awareness and understanding of the Mental Capacity Act (MCA) across the health and care system in response to the recommendations of the House of Lords Select Committee on the Mental Capacity Act in 2014. Using case studies, the report outlines the progress made in a range of areas, including: national governance, monitoring progress, increasing awareness and implementation, digital resources, professional training, system design and partnership, system regulation, care planning, the Office of the Public Guardian, Independent Mental Capacity Advocates (IMCAs), and Deprivation of Liberty Safeguards (DoLS). The report shows that many localities have seized the opportunity to make real strides forward. With the establishment of the new National Mental Capacity Forum, an opportunity now exists to accelerate progress.

Letter sent to Mental Capacity Act 2005 (MCA) – Deprivation of Liberty Safeguards (DoLS) leads in local authorities and the NHS on 22 October 2015. The letter update on developments on the Deprivation of Liberty Safeguards (DoLS) and also on developments concerning the wider Mental Capacity Act 2005 (MCA).
The document includes the Department of Health Guidance in response to the Supreme Court Judgment/ Deprivation of Liberty Safeguards (19 March 2014 in the case of Cheshire West).

The Mental Capacity Act Deprivation of Liberty safeguards (formerly known as the Bournewood safeguards) were introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007. The safeguards aim to give people who lack capacity protection when they are being cared for or treated in ways that may deprive them of their liberty. This easy read booklet outlines why the Deprivation of Liberty Safeguards are needed, when they will be used, what happens if an individual is deprived of their liberty and what will happens if a Deprivation of Liberty Safeguards is granted.