MCA and Safeguarding Adults

The Deprivation of Liberty Safeguards (DOLS) apply to people who have a mental disorder and who do not have mental capacity to decide whether or not they should be accommodated in a care home or hospital to receive care or treatment. It applies to people aged 18 and above.

Where a care home or hospital feel that a deprivation of liberty is in the best interests of a person, they must make a request to the Local Authority for authorisation. The authority will ensure that the authorisation is addressed and the appropriate Supervisory Body completes it. All decisions made must comply with both the Mental Capacity Act and DOLS Codes of Practice. Sometimes, perhaps where there is a serious dispute with a person's family, it is necessary for the Local Authority to apply to the Court of Protection for an independent decision. The safeguards came into force in 2009 and the case law is continuing to evolve. Further information is available on Salford City Council's Mental Capacity Act page and Social Care Institute for Excellence's webpages.

Useful resources

Salford City Council pages on MCA/DOLS

Local Government Association

NICE Guidance on Mental Capacity Act and Decision Making

Office of the Public Guardian

British and Irish Legal Information Institute (BAILII)
Case law reports

Community Care

Local Government Lawyer
News stories and analysis

Mental Capacity Law and Policy
Includes links to the 39 Essex Street newsletters which are the best source of analysis of Court of Protection judgments

39 Essex Street

SCIE MCA Directory

SCIE A - Z of the Mental Capacity Act 

Social media

Latest news

Details of all the latest news from Salford Safeguarding Adults Board.