DCHS Policies

The Mental Capacity Act 2005 aims to empower people to make decisions themselves wherever possible and sets out the steps which must be taken to promote this. Where a person lacks the capacity to make a particular decision it provides a statutory framework for acting and making decisions on their behalf, and in their best interests (see the DCHS Mental Capacity Act Policy and Appendix 3 Tips on assessing capacity)

The Deprivation of Liberty Safeguards (DoLS) is an addendum to the Mental Capacity Act (2005) that came into force in 2009. It ensures that any Best Interests decision that deprives someone of their Article 5 right to liberty (European Convention of Human Rights) is made according to defined processes and in consultation with specific authorities. It applies where a person needs to be accommodated in a hospital or a care home in order to receive care or treatment for which they cannot consent. The DoLS were introduced to protect an individual’s rights under such circumstances, and ensure that any care or treatment that they receive, including where this involves the use of restraint or restrictions, is proportionate to the risk of harm they would otherwise be at and in their best interests.

Policy Categories

• Clinical