Mental Capacity Act & Deprivation of Liberty Policy

What's inside

This policy is fully drafted and structured, ready to brand and complete for your service. It covers:

• 1. Purpose
• 2. Scope
• 3. Policy statement
• 4. Definitions
• 5. Legal and regulatory framework
• 6. The five statutory principles of the Mental Capacity Act 2005
• 7. Assessing capacity
• 8. Best-interests decision-making
• 9. Advance decisions to refuse treatment, LPAs and Court-appointed deputies
• 10. Independent Mental Capacity Advocates (IMCA) - when to instruct
• 11. Deprivation of Liberty Safeguards (DoLS) and the Liberty Protection Safeguards
• 12. Restraint and restrictive practice
• 13. Young people and those aged 16-17
• 14. Documentation and record-keeping
• 15. Training and competence
• 16. Monitoring, audit and compliance
• 17. Related documents
• 18. Document control and review

CQC fundamental standard

Legislation & standards it maps to

• Mental Capacity Act 2005
• Mental Capacity Act 2005 Code of Practice
• Mental Capacity (Amendment) Act 2019 (Liberty Protection Safeguards)
• Deprivation of Liberty Safeguards (DoLS)
• Mental Health Act 1983 (as amended)
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Regulation 11 (Need for consent)
• Human Rights Act 1998 (Articles 5 and 8)
• Care Act 2014
• Children Act 1989 and 2004
• General Medical Council - Decision making and consent (2020)

Who it applies to

All clinical and non-clinical staff, locums, students, volunteers and contractors acting on behalf of [Organisation Name].

How it works

1. Buy securely with Stripe - instant, no VAT, no account needed.
2. Download your editable Word file from the link we email you straight away.
3. Complete the placeholders for your service, then have it approved before use.
4. Add the optional updates subscription and we keep it current as guidance changes.