This code of practice provides guidance to mental health professionals and other practitioners on how they should carry out their duties under the Mental Health Act. As well as providing guidance for professionals, the revised code of practice also guides patients, their families and carers on their rights. Chapters are grouped into seven areas: Using the Act; Protecting patient’s rights and autonomy; Assessment, transport and admission to hospital; Additional considerations for the needs of specific patients; Care, support and treatment in hospital; Leaving hospital; and additional information for professional with specific responsibilities under the Act. Subjects covered in individual chapters include: the nearest relative; independent mental health advocates; mental capacity and deprivation of liberty; detention in hospital; police community treatment orders; guardianship; after care; and care programme approach. The code of practice will come into force on 1 April 2015, depending on Parliamentary approval.

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]

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.

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.