Mental Capacity Act & DoLS Policy & Procedure

What should a Mental Capacity Act policy cover in a care home?

A Mental Capacity Act policy explains how staff apply the Mental Capacity Act 2005 in daily care: how they seek consent, assess capacity, make best interests decisions and keep restraint within the law. A care home also needs it to cover the Deprivation of Liberty Safeguards (DoLS), the legal process for authorising care that takes away a resident's liberty. This template does both, and it is written for care homes only.

The five principles

The policy starts from the five principles of the Act:

1. Assume a person has capacity unless it is established that they lack it.

2. Do not treat someone as unable to decide until all practicable steps to help them have failed.

3. An unwise decision does not, by itself, mean a person cannot decide.

4. Act in the person's best interests when they lack capacity.

5. Before acting, consider whether a less restrictive way would achieve the purpose.

Capacity is about one decision at a time, at the time it needs making.

From consent to DoLS paperwork

Staff record each capacity assessment on its own form and each best interests decision on a separate record. Restraint is allowed only when staff reasonably believe it is needed to prevent harm, and it must be in proportion to that harm.

The home applies to the supervisory body (the council that decides DoLS requests) when a resident is likely to be deprived of liberty within the next 28 days. In an urgent case the home can give itself an urgent authorisation for up to 7 days, alongside a standard request. A standard authorisation lasts no more than 12 months. Conditions, reviews and renewals are covered too. CQC hears once the outcome is known or a request is withdrawn, not when you apply.

The Supreme Court ruling

The policy reflects the latest UK Supreme Court judgment on what counts as a deprivation of liberty. There is no single "acid test" any more. Staff weigh several factors instead, such as the type and length of the restrictions, whether the person objects, and how normal the arrangements are. Where the older DoLS code of practice and the judgment differ, staff follow the judgment as DHSC summarises it.

Before you use it

Add your supervisory body's contact details, your referral routes and your record systems. Check the DHSC page on the judgment for new interim guidance before each review.

Staff use the Mental Capacity Assessment Form for each decision and the Best Interests Decision Record when a resident lacks capacity. The DoLS Application & Authorisation Record tracks requests, expiry dates and CQC notifications.