Mental Capacity Act and Deprivation of Liberty Safeguards

Service Outline

The Mental Capacity Act 2005 provides the legal framework for acting and making decisions on behalf of individuals who lack the mental capacity to make particular decisions for themselves. Everyone working with and/or caring for an adult who may lack capacity to make specific decisions or acting for that person, when the person lacks the capacity to make a particular decision for themselves. The same rules apply whether the decisions are life-changing events or everyday matters.

The Deprivation of Liberty Safeguards are designed to provide legal protection where someone needs to be deprived of their liberty for the purposes of providing care or treatment and if the MHA doesn't apply.

The Safeguards affect vulnerable people over the age of 18 who are being cared for in a care home or hospital, who lack the capacity to consent to care / treatment and have a disorder of the mind.

People with dementia or with a learning disability are the groups most likely to be affected.