Explores the interface between the Mental Health Act (MHA) and the Mental Capacity Act (MCA).
- Introduction: Where DoLS came from and why we need it; and the relationship between DoLS and the Human Rights Act.
- What is a deprivation of liberty?: What is meant by the term 'deprivation of liberty'; how the law works and the importance of case law in deciding whether a deprivation of liberty might be happening.
- Understanding the DoLS process: Making a request for DoLS; the six assessments; the key roles in DoLS processes.
- Key safeguards in DoLS: The roles of independent mental capacity advocates, relevant person’s representatives, the OPG and the Court of Protection.
- Recent developments: The future of DoLS: The 2014 Supreme Court judgement; the Law Commission’s reform of the DoLS systems.
- Conclusions and reflections