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The Mental Capacity Act Deprivation of Liberty safeguards

The Mental Capacity Act Deprivation of Liberty safeguards (formerly known as the Bournewood safeguards) were introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007 (which received Royal Assent in July 2007).

The MCA DOL safeguards apply to anyone:
- aged 18 and over
- who suffers from a mental disorder or disability of the mind – such as dementia or a profound learning disability
- who lacks the capacity to give informed consent to the arrangements made for their care and / or treatment and
- for whom deprivation of liberty (within the meaning of Article 5 of the ECHR) is considered after an independent assessment to be necessary in their best interests to protect them from harm.

The safeguards cover patients in hospitals, and people in care homes registered under the Care Standards Act 2000, whether placed under public or private arrangements

The aim is to implement the safeguards in April 2009. The safeguards are designed to protect the interests of an extremely vulnerable group of service users and to:
- ensure people can be given the care they need in the least restrictive regimes
- prevent arbitrary decisions that deprive vulnerable people of their liberty
- provide safeguards for vulnerable people
- provide them with rights of challenge against unlawful detention
- avoid unnecessary bureaucracy

Select a section

What's new

12 June 2009: Important information re: qualifications for psychologists to be best interests assessors

The introduction of the statutory regulation of psychologists from 1 July 2009 means that the qualifying requirements are changing for psychologists wishing to be best interest assessors. The Department of Health has issued a guidance note explaining the changes, which take effect from 1 July 2009.

6 April 2009 - Important information re: standard forms

In early April, a problem was identified with each of the following single versions of the completable pdf forms; numbers 11, 12, 13, 18, 20, 21, 22, 23, 26, 27, 28 and 30. The fault in common was that each form contained an automated feature that could not be overridden which extracted data from one area of the form and entered it wrongly into another box on the form. That fault has been corrected and all forms on the website are now free of that fault. For a fuller explanation, particularly if you are in possession of a CD-Rom recently mailed to you by the department follow this link.

2 April 2009

MCA DOLS Data Collation Form: legislation requires that managing authorities send information to supervisory bodies. Supervisory bodies are required to keep duplicate information. The information supplied will be used to collate the data required for monitoring purposes. To facilitate this process, a data collation form has been designed to allow collection of the required aggregate data set. Data will be recorded on the NHS Information Centre Omnibus system by designated contacts within each supervisory body.

1 April 2009

These arrangements are made under paragraph 183(4) of Schedule A1 to the Mental Capacity Act 2005. They set out that where questions about a person's ordinary residence arise in relation to which local authority should act as the supervisory body, the Secretary of State will determine cross-border ordinary residence disputes between England and Wales where the person to whom the dispute relates is accommodated in a care home in England. The Welsh Ministers will determine cross-border disputes where the person to whom the dispute relates is accommodated in a care home in Wales.

31 March 2009

Hospitals, care homes, local authorities and Primary Care Trusts have a statutory duty under MCA DOLS legilsation to make sure that the person made subject to the authorisation and assessment process is supported to understand what is happening to them; and that they are made aware of their rights and entitlements under the MCA DOLS. The information on this page is for the relevant person and is available for download and distribution at the provider's discretion:

6 March 2009

Information about the expanded Independent Mental Capacity Advocates' roles and information for friends, family and unpaid carers are published today. The information will also be sent shortly via direct mail to hospitals, care homes, primary care trusts and councils with social services responsibilities. The mail out will also include "easy read" information for people made subject to an MCA DOLS authorisation outlining their rights and entitlements, and that information will soon be available on these web pages. Further easy read information will be published here to coincide with the introduction of MCA DOLS on April 1st including an expanded easy read booklet explaining the rights and responsibilities of service users through narrative; an audio version of the easy read information and a video presentation that uses animatics. BILD (British Institute of Learning Disabilities) in conjunction with the National Autistic Society and Action on Elder Abuse are producing a series of JPeGs which explain the MCA DOLS process for affected service users and their families. A link will be available from this site to those publications.

5 March 2009

This letter from David Nicholson outlines roles and responsibilities for health and social care providers under the Mental Capacity Act 2005 Deprivation of Liberty Safeguards which 'go live' on 1 April. PCTs and local authorities will need, by now, to be well advanced in: identifying the numbers of assessments they are likely to be carrying out in 2009 /10, establishing robust contractual arrangements to ensure compliance with the legislation from managing authorities, ensuring they have sufficient numbers of trained assessors ready to conduct assessments, establishing systems for administering the coordination of assessments, issuing and reviewing authorisations. SHAs that are responsible for the appointment of Section 12 (2) doctors will need to be working closely with PCTs and local authorities to ensure that adequate numbers of doctors are trained and available as required across their region from 1 April.

27 February 2009

Final versions of the standard forms, previously available in draft for training purposes.

23 February 2009

This document is the post-consultation report for the consultation paper, 'Mental Capacity Act 2005 Deprivation of Liberty Safeguards: consultation on the Mental Capacity (Capacity Act 2005 Deprivation of Liberty: Monitoring and Reporting) and (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence (Amendment) Regulations 2009 Safeguards', which was published on 19 December 2008. The regulations have been laid before Parliament in draft. They are suject to the affirmative resolution procedure and will be debated in both Houses of Parliament shortly.

12 February 2009

This guidance for primary care trusts, local authorities, hospitals and care homes will support health and social care providers understand and fulfill their statutory obligations under the Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS) legislation. The guidance will also be available as a printed publication and will be dispatched by direct mail (part of a series of mailings to providers) to support them with implementation. Guidance for IMCAs, family, friends and unpaid carers will be available soon.

10 February 2009

6 February 2009

Updates to the information on standard forms on this page, and:

Commencement Order

As previously indicated, the Mental Capacity Act 2005 deprivation of liberty safeguards will be implemented from 1 April 2009. A Commencement Order including the transitional provisions was laid in Parliament on Wednesday 4 February.

19 December 2008

A formal consultation on the Mental Capacity (Deprivation of Liberty: Monitoring and Reporting) and (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2009 began on 19 December 2008. These draft regulations confer power on the Care Quality Commission for the purpose of monitoring, and reporting on, the Mental Capacity Act 2005 Deprivation of Liberty Safeguards. The draft regulations also amend regulation 3 of the Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008.

15 December 2008

This leaflet provides a brief general introduction to the MCA DOLS and has been specifically designed for care homes and hospitals to help staff understand what the MCA DOLS will mean for them and for their service users.

Monitoring

MCA DOLS Data Collation Form

Legislation requires that managing authorities send information to supervisory bodies.  Supervisory bodies are required to keep duplicate information. The information supplied will be used to collate the data required for monitoring purposes. To facilitate this process, a data collation form has been designed to allow collection of the required aggregate data set. Data will be recorded on the NHS Information Centre Omnibus system by designated contacts within each supervisory body.

Transitional arrangements for England

The Mental Capacity Act 2005 deprivation of liberty safeguards will be implemented from 1 April 2009. A Commencement Order including the transitional provisions was laid in Parliament on Wednesday 4 February. The purpose of this note is to explain the transitional arrangements that will apply in England for the month of April 2009 only

Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS) and Section 75 partnerships under the National Health Service Act 2006

The Government has laid amending regulations to the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000. MCA DOLS will be included on the list of functions of NHS Bodies in regulation 5, thereby enabling PCTs to enter into formal partnership arrangements with a local authority under Section 75 of the National Health Service Act 2006. Local authorities will be enabled to carry out MCA DOLS functions on behalf of PCTs.

Resource allocation

LAC (DH) 2009 ( 2 ): The Mental Capacity Act 2005

This Local Authority Circular sets out the resources available for the year 2009 -2010 for the Mental Capacity Act 2005, including the Deprivation of Liberty Safeguards which come into effect on 1 April 2009. and provisional figures for 2010 - 2011.

19 March 2009

This letter sets out the new resources being made available for the health sector for the year 2009/10, for work in relation to the Mental Capacity Act 2005 including the Deprivation of Liberty Safeguards which come into effect on 1 April 2009.

Leaflets and guidance

Making decisions: The Independent Mental Capacity Advocate (IMCA) service

Published: 06/03/2009

This guidance for primary care trusts, local authorities, hospitals and care homes will support health and social care providers understand and fulfill their statutory obligations under the Mental Capacity Act Deprivation of Liberty Safeguards legislation. The guidance will also be available as a printed publication and will be dispatched by direct mail (part of a series of mailings to providers) to support them with implementation.

What are the Mental Capacity Act Deprivation of Liberty Safeguards?

Published: 15/12/2008

This leaflet, the first in a series of publications for health and social care providers, is a brief general introduction to the MCA DOLS and has been specifically designed for care homes and hospitals to help staff understand what the MCA DOLS will mean for them and for their service users. Translations into Arabic, Bengali, Chinese, French, Gujurati, Polish, Punjambi, Somali, Tamil and Urdu were added on 9 January 2009.

Guidance for representatives, primary care trusts, local authorities, hospitals and care homes

Published: 12/02/2009

This guidance for primary care trusts, local authorities, hospitals and care homes will support health and social care providers understand and fulfill their statutory obligations under the Mental Capacity Act Deprivation of Liberty Safeguards legislation. The guidance will also be available as a printed publication and will be dispatched by direct mail (part of a series of mailings to providers) to support them with implementation. Guidance for IMCAs, family, friends and unpaid carers will be available soon.

The Mental Capacity Act 2005 Deprivation of Liberty Safeguards and you

Published: 01/04/2009

Hospitals, care homes, local authorities and primary care trusts have a statutory duty under MCA DOLS legislation to make sure that the person made subject to the authorisation and assessment process is supported to understand what is happening to them; and that they are made aware of their rights and entitlements under the MCA DOLS. The information on this page is for the relevant person and is available for download and distribution at the provider's discretion.

Regulations and assessor training

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 and The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) Regulations 2008 come into force on 3 November 2008.

This page (updated 6 February 2009) contains information on the Regulations and best interests assessor and mental health assessor training.

Current versions of the standard forms

Published: 27 February 2009

Ordinary residence

These arrangements are made under paragraph 183(4) of Schedule A1 to the Mental Capacity Act 2005. They set out that where questions about a person's ordinary residence arise in relation to which local authority should act as the supervisory body, the Secretary of State will determine cross-border ordinary residence disputes between England and Wales where the person to whom the dispute relates is accommodated in a care home in England. The Welsh Ministers will determine cross-border disputes where the person to whom the dispute relates is accommodated in a care home in Wales

Implementation tool

The Department has developed an implementation tool that  local Mental Capacity Act implementation networks may wish to use when estimating the number of assessments and staff that are likely to be required in 2009 / 10.

Frequently asked questions

The first document provides information on the Mental Capacity Act Deprivation of Liberty Safeguards, in the form of a Frequently Asked Questions briefing.

The second document provides information on the implementation of the Mental Capacity Act Deprivation of Liberty Safeguards, in the form of a Frequently Asked Questions briefing. It was first published in October 2008, but this version replaces that briefing, which has now been withdrawn.

Training of Independent Mental Capacity Advocates (IMCAs)

In line with the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006, IMCAs will need to be trained in order to act from April 2009 as Deprivation of Liberty Safeguards IMCAs. The Department of Health has commissioned Action for Advocacy to provide free two-day training courses for organisations that have contracts to provide an Independent Mental Capacity Advocacy (IMCA) Service, using materials developed by Advocacy Partners.

Further information is available on the Action for Advocacy website:

Supervisory body contact details

The Deprivation of Liberty Safeguards became effective on 1 April 2009. In order to facilitate contact between managing authorities and supervisory bodies the DH has been provided with contact details of their "supervisory body office" for each PCT and LA acting as a supervisory body. These lists were last updated on 3 July 2009

Where any of these details need amending, updating or are missing please email us and provide the necessary amendments, update or missing details and we will endeavour to update the information on this page as soon as we are able.

Contact the central project leads

Please send any questions or queries to Kate Hardy, Paul Gantley and Mike Preston at:

The Mental Capacity Act Deprivation of Liberty Safeguards
Wellington House Room 124
133 - 155 Waterloo Road
London SE1 8UG
or email:

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