Course Overview

The Mental Capacity Act 2005 (Act) provides the legal framework for professionals in health and social care working with people who may be unable to take decisions for themselves in respect of their care and treatment. The Deprivation of Liberty Safeguards (DoLS) were introduced in 2007 to provide the legal framework for those people who are unable to make decisions for themselves around their care and treatment and are subject to a level of restrictions which amount to a deprivation of liberty to protect their human rights.

The course is aimed at all health and social care professionals who work with adults, to provide them with an in-depth exploration, and robust understanding of the Mental Capacity Act 2005 and DoLS, to enable them to integrate the theory and process into everyday practice.

Key Learning Points

By the end of the course delegates will be able to:

• Outline the key purpose and ethos of the Act.

• Explain the five core principles and how they relate to the concept of deprivation of liberty.

• Explore the key elements of the test for capacity and what the “specific decision” is in relation to the DoLS.

• Describe how the concept of best interests links to the DoLS.

• Examine the continuum from routine decisions, interventions that involve restriction and restraint and deprivation of liberty.

• Explore the concept of necessary and proportionate in relation to risk of harm.

• Examine what a deprivation of liberty is, in line with European and UK case law, and how to identify when a person may be deprived of their liberty.

• Explore the DoLS process, duties of the Managing Authority and Supervisory Body. Understand the assessments required to satisfy the qualifying requirements and the role of the assessors.

• Outline when it may be appropriate to apply the Ferreira judgment to hospital settings.

• Consider the role of the relevant person’s representative and deprivation of liberty Independent Mental Capacity Advocate.

• Examine the role of the Court of Protection in the section 21A appeal process.