16 Jun 2008

Mental Capacity Act 2005 Deprivation of Liberty Safeguards Code of Practice laid in Parliament on 13 June 2008

The Mental Capacity Act 2005 (MCA) deprivation of liberty safeguards (DOLS) Code of Practice (the Code) was laid in Parliament 13 June 2008. The Code is a supplement to the main MCA Code of Practice, published in April 2007.

The laying of the Code follows the laying of two sets of MCA DOLS regulations in Parliament on 20 May. Subject to successful completion of the Parliamentary process, final versions of the Code and regulations will be available by late July.

The DOLS were inserted into the MCA by the Mental Health Act 2007. It is planned that the DOLS will come into force in April 2009. The Code contains guidance on the MCA DOLS. It is particularly intended to provide guidance for professionals involved in administering and delivering the DOLS, who are under a duty to have regard to the Code.

The Code is also intended to provide information for people who are, or could become, subject to the deprivation of liberty safeguards, and for their families, friends and carers, as well as for anyone who believes that someone is being deprived of their liberty unlawfully."

Further information on DOLS can be found on the Link to an external site Department of Health website.

Links to PDF document  Download the draft of the Deprivation of Liberty Safeguards Code of Practice as laid before Parliament 13 June 2008 (PDF 3.36MB)

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