1. Mental Capacity Act (MCA) 2005
Deprivation of Liberty Safeguards (DOLS) 2009
Zorica Louis-Fernand
MCA Training and Development Manager

2. 2014 MCA and DOLS events
House of Lords select committee MCA post legislative scrutiny report – March
Supreme Court ruling on DOLS - March
Government response to the MCA scrutiny committee report – June
Sir Munby directions hearing Re: guidance on management of cases since SC – June
Sir Munby preliminary judgment Re: guidance on management of cases since SC - August

3. MCA post legislative scrutiny report
MCA held in high regard as a ‘visionary’ piece of legislation but 39 recommendations were made
It is not widely used or understood
For many professionals who should comply with the Act, it is an optional ‘add-on’
Standards against which the CQC inspect should explicitly include MCA/DOLS

4. Government response
Valuing every voice, respecting every right: Making the case for the Mental Capacity Act
Immediate actions to be taken with respect to professional training
Consider the case for establishing a new independently chaired Mental Capacity Advisory Board

5. Supreme Court ruling on DOLS
Introduced the ‘acid test’
Deprivation of liberty = P under continuous supervision and control and not free to leave
Not relevant to this test:
Compliance / lack of objection to the placement
Relative normality of the placement
Reason / purpose of the placement

6. DOLS useful documents
Department of Health
Care Quality Commission
Association of Directors of Adult Social Services

7. Daunting
Overwhelming
Lengthy
Stressful

8. SAFEGUARDS In practice… Deprivation denial Of a person’s
Liberty Human Rights
SAFEGUARDS

9. Article 5: Protection for security and liberty
No-one shall be deprived of their liberty save according to a procedure prescribed by law
Everyone deprived of their liberty shall be entitled to take proceedings

10. Article 8: Respect for private and family life
Freedom of correspondence;
Right not to be in a crowded living space;
Access to fresh air and exercise;
Privacy in washing and toilet;
Privacy for visits;
Confidentiality of medical records;
Freedom from surveillance of daily life;
Freedom from searches of living space and person.

11. MCA / DOLS authorisation assessments Care Arrangements Deprivation
of liberty?
ECHR 5 & 8?
Best Interests?
assessments
2 key questions:
Are these care arrangements in the person’s Best Interests?
Is there a breach of Articles 5 and/or 8?

12. Is it deprivation & does the person lack capacity?
DOLS process
Is it deprivation & does the person lack capacity? }
Now?
Within next 28 days? ↓ ↓
Issue Urgent Authorisation (for up to 7 days) -may only be extended by Supervisory Body ONCE
Apply for a Standard Authorisation
AND ↓
Decision
CQC
review

13. Joseph Yow – MCA Manager (County Lead)
Zorica Louis-Fernand – MCA Training Manager
Charanjit Panesar – DOLS administrator
Training administrators – Elly Eyers and Clare Hobbs