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DCW39-Mental Capacity and Deprivation of Liberty Safeguards (DoLS) Policy

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Mental Capacity and Deprivation of Liberty Safeguards (DoLS) Policy

1. Introduction

Our Home Care business is committed to ensuring that the rights of individuals who may lack mental capacity are respected and upheld in line with the Mental Capacity Act 2005 (MCA) and the Deprivation of Liberty Safeguards (DoLS). We ensure that all service users are supported in making decisions about their care and that any restrictions to their freedom are legally authorised. This policy applies to all staff and is designed to ensure compliance with Care Inspectorate Wales (CIW) regulations, the Social Services and Well-being (Wales) Act 2014, and Social Care Wales (SCW) Code of Practice.

This policy provides guidance on how we manage Mental Capacity Assessments and Deprivation of Liberty Safeguards (DoLS) effectively and fairly, ensuring the well-being, dignity, and rights of all service users. It also serves as a compliance guide for CIW inspectors.

The Liberty Protection Safeguards are intended to replace DoLS but are not currently in force. We will update this policy promptly when the legal framework changes; the UK Government announced a further consultation on LPS in 2026.

2. Scope, definitions and settings (MCA / DoLS / community deprivation of liberty)

This policy applies to all staff providing domiciliary support, including care delivered in a person’s own home and (where commissioned) in supported living/extra care settings.

Mental capacity is decision-specific. We apply the statutory principles of the Mental Capacity Act 2005 (MCA) and complete a capacity assessment where there is reason to doubt capacity in relation to a specific decision.

Restriction vs restraint vs deprivation of liberty:

Correct legal route depends on setting:

3. Key Principles of Mental Capacity and DoLS Management

4. How We Manage Mental Capacity and Deprivation of Liberty Safeguards Efficiently

A. Assessing Mental Capacity

We conduct a Mental Capacity Assessment (MCA) whenever there is doubt about a service user’s ability to make specific decisions regarding their care or treatment.

For Staff:

For CIW Inspectors:

B. Deprivation of liberty (DoLS and community authorisation)

If a service user lacks capacity to consent to the care arrangements and the restrictions may amount to a deprivation of liberty, we act immediately to ensure lawful authority is in place in line with Regulation 31.

For Staff:

For CIW Inspectors (evidence we hold)

C. Control, restraint and restrictive practice (Regulation 29 link)

Any control, restraint or restrictive practice must be a last resort, proportionate, and the least restrictive option. Staff must only use techniques they are trained and competent to use. Any incident involving control or restraint must be recorded within 24 hours, escalated in line with our incident reporting process, and reviewed as part of governance and quality-of-care review.

D. Best Interests Decision-Making

When a service user lacks mental capacity to make a specific decision, we ensure that a best interests decision is made, involving relevant individuals and professionals.

For Staff:

For CIW Inspectors:

E. Advocacy, representatives and right to challenge

Where a person lacks capacity and decisions are being made in their best interests, we identify and involve the appropriate representative (e.g., attorney under a Lasting Power of Attorney, deputy, or other authorised representative). Where required, we support referral for independent advocacy in line with statutory duties and local arrangements.
We ensure the person and/or their representative is informed (in an accessible format) of how to raise concerns and challenge restrictions or deprivation of liberty authorisations, including via the relevant legal route (e.g., Court of Protection where applicable).

F. Recording and Documentation

We ensure that all mental capacity assessments and DoLS-related records are accurately documented and easily accessible for review by managers, staff, and CIW inspectors.

For Staff:

For CIW Inspectors:

G. Staff Training and Competency in MCA and DoLS

We ensure that all staff are fully trained and competent in managing Mental Capacity and Deprivation of Liberty Safeguards in compliance with CIW regulations.

For Staff:

For CIW Inspectors:

H. Safeguarding and Reporting

If we are concerned that a service user is being unlawfully deprived of their liberty, we follow the safeguarding procedures and report the concern to the relevant authorities.

For Staff:

For CIW Inspectors:

5. Governance and Continuous Improvement

We ensure high standards of mental capacity and DoLS management through regular audits, reviews, and staff training.

What We Do:

For CIW Inspectors:

6. Compliance Monitoring and Audit Procedures

7. Conclusion

We are committed to upholding the rights and dignity of individuals who may lack mental capacity, ensuring that all Deprivation of Liberty Safeguards are legally implemented and regularly reviewed. This policy ensures that mental capacity assessments and DoLS procedures are managed effectively, in compliance with CIW regulations, MCA 2005, and best practice guidelines.

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