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Mental Capacity Act Deprivation of Liberty Safeguards Collection

Frequency: Yearly

Background to the collection

The Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS) came into effect on 1st April 2009.

This amends a breach of the European Convention on Human Rights and provides for the lawful deprivation of liberty of those people who lack the capacity to consent to arrangements made for their care or treatment in either hospitals or care homes, but who need to be deprived of liberty in their own best interests, to protect them from harm.

Local authorities (designated as 'supervisory bodies' under the legislation) will have statutory responsibility for operating and overseeing the MCA DOLS whilst hospitals and care homes ('managing authorities') will have responsibility for applying to the relevant local authority for a Deprivation of Liberty authorisation.

The legislation includes a statutory requirement for all care homes and hospitals as well as local authorities to keep clear and comprehensive records for every person deprived of their liberty. This includes records of applications for authorisations, details of the assessment process, information about the relevant person's representative and the documentation related to termination of authorisation.

To monitor the implementation of the safeguards, Managing Authorities (hospitals, care homes and nursing homes) are required to submit standard forms to Supervisory Bodies (local authorities). Using these forms Supervisory Bodies should complete a data collection sheet for central monitoring purposes.

The data is submitted by completing the proforma and sending this via Data Depot.

Launch and submission dates

PeriodLaunchSubmission Deadline
2014-151 April 201521 May 2015
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