Mental Capacity Act (2005) Deprivation of Liberty Safeguards (MCA DOLS)

The MCA DOLS were introduced via the Mental Health Act 2007, which has amended the Mental Capacity Act 2005. They provide legal protection for vulnerable people who may be deprived of their liberty within the meaning of Article 5 of the European Convention on Human Rights (ECHR) in a hospital (other than under the Mental Health Act 1983) or care home, whether placed their under public or private arrangements.

Who is covered by MCA DOLS? Anyone who is accommodated in a hospital or care home in circumstances that amount to a deprivation of their liberty and who lacks the capacity to consent to the care or treatment they need.

The IMCA’s roles and responsibilities under MCA DOLS Under the MCA DOLS, there are a number of circumstances when IMCAs must act. These include the following: When the hospital or care home has requested an assessment about depriving a person of their liberty, if there is no one else to represent that person. The IMCA then services to represent the person during the assessment process. When a hospital or care home has deprived a person of their liberty and that person (or their unpaid representative) requests the support of an IMCA in order to ensure they understand their rights. When a hospital or care home has deprived a person of their liberty and there is (temporarily) nobody available to act as that person’s representative. Refer to the Making Decisions: the IMCA Service booklet for further information.

How to instruct an IMCA under MCA DOLS It is the responsibility of the Supervisory Body (Local Authority or PCT) to instruct an IMCA using the Standard Referral Form (Form 30). You can download the referral form from this page and email to enquiries@derbyshireimca.org.uk For enquiries please contact the Direct Referral Line on 01332 380224

Downloads:

Making Decisions Booklet

Standard Referral Form 30

MCA DOLS Code of Practice

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