Mental Capacity Act and DoLS policy

It’s for all employees in England and Wales, although some of the content is relevant for employees in Northern Ireland and Scotland.

• The Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards provide the legal framework and guidance to make sure that the rights of young people who may lack capacity to make their own decisions and may have their liberty restricted are maintained.  
• All employees in England and Wales, who are working with young people over the age of 16, must make sure they understand their roles and responsibilities in relation to the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards and act to maintain the rights of individuals while keeping them safe from harm and promoting their wellbeing.
• This document includes information about legal definitions, who is covered by the Act and what procedures staff must follow. 

Regional/national/commercial directors/heads of business (England and Wales): 

• to make sure that the policy is implemented

Assistant directors children’s services/assistant heads of business/head of operations (England and Wales): 

• to make sure that staff providing services to young people aged 16 and above are implementing the policy
• to consider all applications for authorisation for the deprivation of liberty and to approve those that meet the criteria

Service managers (England and Wales): 

• to make sure that the Mental Capacity Act and deprivation of Liberty Safeguards Policy is implemented in services working with young people aged 16 and above, and that staff understand their responsibilities and receive the training and support required to undertake their role
• to make sure that appropriate action is taken if it appears that a young person is unable to give consent due to lack of capacity
• to raise a concern through the safeguarding process if a young person is being deprived of their liberty without authorisation

All staff, carers and volunteers working in England and Wales with young people aged 16 and above: 

• to operate within the requirements of the policy
• to report to the line manager any serious issues, including concerns about a young person’s ability to give consent due to lack of capacity or young person being deprived of their liberty without authorisation