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Mental Capacity Act 2005 / Deprivation of Liberty Safeguards

The Mental Capacity Act (MCA) 2005 became fully effective on 1 October 2007. The MCA clarifies, strengthens and protects the rights of people who may lack the mental capacity to make particular decisions for themselves.

The MCA's starting point is the assumption that adults have capacity to make all or some decisions for themselves, unless it is shown that they do not. The MCA promotes that people should be given all appropriate help and support to enable them to make a decision.

The MCA clarifies the rights and duties of the workers and carers, including how to act and make decisions on behalf of adults who may lack the mental capacity to make particular decisions for themselves.

Independent Mental Capacity Advocate (IMCA)

The MCA introduced the statutory role of Independent Mental Capacity Advocate (IMCA).

NHS Islington MUST refer people to the IMCA service when:

1. 1. a decision is being made about serious medical treatment, or a long term change in accommodation and
2. the person lacks capacity to make that decision and
3. they do not have friends or family with whom the decision maker feels is appropriate to consult with about the decision.

NHS Islington may also decide to refer people to the IMCA service where there is a Safeguarding Vulnerable Adults concern or investigation.

Under the new Deprivation of Liberty Safeguards the services of an IMCA can be provided as either a Representative of a vulnerable adult or to support their family.

The IMCA service in Islington is provided by Advocacy Partners

If you are concerned that a vulnerable adult needs the support of the advocacy service, please contact the Access Team on 020 7527 2299 or email adult.socialservices@islington.gov.uk

For further information about the IMCA service please visit the Advocacy Partners website

Please see Related Documents for referral form and guidance.

 

Deprivation of Liberty Safeguards regulations

The MCA Deprivation of Liberty Safeguards (DoLS) were introduced on 1 April 2009 to safeguard people who may lack the capacity to decide for themselves whether they wish to be admitted to or remain in a hospital or care home for the purpose of care and/or treatment

and for whom the care regime would be such as to amount to a deprivation of their liberty

and such a deprivation would be in their best interests.

 

Eligibility

The person must be 18 years of age or over

The person must be suffering from a mental disorder

The person must lack the capacity to consent to be admitted or remain in a hospital or care home

The person cannot be subject to DoLS if they are (or could be) detained under the Mental Health Act (MHA) – 1983, or subject to a requirement under that Act that could conflict with the DoLS authorisation (e.g. Guardianship, Community Treatment Order)

It must be in the person’s best interests to be subject to a DoLS authorisation

The authorisation cannot conflict with a valid decision by a donee of a Lasting Power of Attorney or a court appointed deputy and it is not for the purpose of giving treatment that would conflict with a valid and applicable advance decision.

The NHS Islington Deprivation of Liberty Checklist can be used by staff to identify if a deprivation of liberty is taking place.

Contact the DoLS office to discuss any queries.

 

Process

There are two types of applications: -

• Urgent Authorisation
• Request for a Standard Authorisation

If the person is currently being deprived of their liberty or if the need to deprive is so urgent that it cannot wait 28 days, then an Urgent Authorisation is required. This is made by the Hospital or Care Home and it is valid for up to 7 calendar days.

A Standard Authorisation must be made for people who will be deprived of their liberty within the next 28 days. It is made by the hospital or care home where the person will be residing when the standard authorisation comes into force.

All requests under the Deprivation of Liberty Safeguards are managed by the Islington DoLS office.

If you are concerned that a friend or relative is being deprived of their liberty in a care home or hospital contact the Deprivation of Liberty Safeguards office.

 

Links

Further Information can be obtained from the Department of Health:

Department of Health Mental Capacity Act 2005
Department of Health Mental Capacity Act Deprivation of Liberty safeguards
Department of Health Independent Mental Capacity Advocate (IMCA) Service

Related Documents

Mental Capacity Act
Mental Capacity Act Summary
MCA Guidance for the Public
Islington MCA Staff Guidance
MCA Annual Report 2010

Deprivation of Liberty Safeguards
NHS Islington DoLS Checklist Guidelines
NHS Islington Deprivation of Liberty Safeguards Checklist
DoH MCA Deprivation of Liberty Safeguards
Deprivation of Liberty Safeguards – a guide for hospitals and care homes
Deprivation of Liberty Safeguards – a guide for PCTs and local authorities
Deprivation of Liberty Safeguards – a guide for Relevant Person’s Representatives
NHS Islington DoLS Policy and Procedure

Independent Mental Capacity Advocates (IMCA) service
Making Decisions – The IMCA Service
Advocacy Partners IMCA Service Guidance
Advocacy Partners IMCA Referral Form
Advocacy Partners IMCA Leaflet