Procedure for checking compliance to the Mental Capacity Act and
Deprivation of liberty safeguards on admission to residential care
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2
Is there a disturbance in the functioning of the person’s mind or
brain?
If so, is the disturbance so severe that it prevents the person making
a particular decision with regard to choice of or change of
accommodation?
YES
NO
Has a capacity
assessment been
undertaken?
No further action
with regard to the
Mental Capacity Act
NO
Undertake assessment with
regard to relevant decision
Yes
Did they have capacity
to make the relevant
decision?
Yes
No
Was anyone consulted with regard
to their best interests?
No further action with
regard to the Mental
Capacity Act
No
Ensure someone has
been consulted (friend
or family) if no one use
on an IMCA
No
Reconsider with
reference to the MCA
Yes
Are you satisfied that the
decision is the person’s best
interests?
Yes
Does anyone consulted with
(including the person lacking
capacity) oppose the placement?
NO
Placement can be
lawfully made in the
best interests
YES
Consider the need for
deprivation of liberty
safeguards (DOLS)