Mental Capacity Act (MCA) 2005
Deprivation of Liberty Safeguards (DOLS) 2009
Zorica Louis-Fernand
MCA Training and Development Manager
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
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
http://www.publications.parliament.uk/pa/ld201314/
ldselect/ldmentalcap/139/13904.htm
Government response
Valuing every voice, respecting every right:
Making the case for the Mental Capacity Act
https://www.gov.uk/government/uploads/system
/uploads/attachment_data/file/318730/cm8884valuing-every-voice.pdf
Immediate actions to be taken with respect to
professional training
Consider the case for establishing a new
independently chaired Mental Capacity
Advisory Board
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
DOLS useful documents
 Department of Health
https://www.gov.uk/government/uploads/system/uploads/att
achment_data/file/300106/DH_Note_re_Supreme_Court_D
oLS_Judgment.pdf
 Care Quality Commission
http://www.cqc.org.uk/sites/default/files/20140416_supreme
_court_judgment_on_deprivation_of_liberty_briefing_v2.pdf
 Association of Directors of Adult Social Services
http://www.adass.org.uk/uploadedFiles/adass_content/polic
y_networks/mental_health/key_documents/ADASS%20Furt
her%20Advice%20Note%20%20DoLS%20August%202014.pdf
Daunting
Overwhelming
Lengthy
Stressful
In practice…
Deprivation
denial
Of
a person’s
Liberty
Human Rights
SAFEGUARDS
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
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.
MCA / DOLS
Care Arrangements
authorisation
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?
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
Joseph Yow – MCA Manager (County Lead)
joseph.yow@cambridgeshire.gov.uk
01223 715583
Zorica Louis-Fernand – MCA Training Manager
zorica.louis-fernand@cambridgeshire.gov.uk
01223 715491
Charanjit Panesar – DOLS administrator
charanjit.panesar@cambridgeshire.gov.uk
01223 715581
Training administrators – Elly Eyers and Clare Hobbs
mca.training@cambridgeshire.gov.uk
01223 699307 01223 703538