Mental Capacity Act & DoLS Policy (Supported Living)

Does DoLS apply in supported living?

No. The Deprivation of Liberty Safeguards (DoLS) apply in hospitals and care homes. People in supported living live in their own homes, so a deprivation of liberty there needs an order from the Court of Protection instead. This Mental Capacity Act policy is written for supported living services. It sets out how staff apply the Mental Capacity Act 2005 day to day. It also covers what the service does in place of DoLS forms and urgent authorisations.

What stays the same under the Mental Capacity Act

Most of the Act works the same way wherever care is given. Staff follow its five principles, starting from the assumption that a person has capacity, and they assess capacity one decision at a time. Best interests decisions are recorded. Restraint is used only when staff reasonably believe it is needed to prevent harm. The policy also asks staff to challenge blanket restrictions, such as set bedtimes or stopping people using the kitchen, and to check that no house rule conflicts with a person's own care plan.

What changes in supported living

• The service never uses DoLS forms or urgent authorisations.

• In a person's own home, greater restrictions are needed before a deprivation of liberty arises.

• If staff are unsure whether a person is objecting, or the person seems content at times and objects at others, the service refers to the local authority.

• The service and the local authority agree who will apply to the Court of Protection, and record that agreement.

• Until an order is in place, restrictions stay at the minimum needed to prevent harm. If needs cannot be met safely without a deprivation of liberty, the Registered Manager escalates to the local authority the same day.

• Once the court makes an order, staff follow its terms exactly and use only the restrictions it covers.

CQC needs to know the outcome of any court application to deprive a person of liberty, even when the local authority made it. Send the notification once the outcome is known or the application is withdrawn.

Before you use this policy

Add the contact details of the local authorities you work with, the team you refer to, and your record systems. The latest Supreme Court judgment changed what counts as a deprivation of liberty. Before each review, check the DHSC page on it for new interim guidance.

Staff record decisions made for a person on the Best Interests Decision Record. Restraint and house rules link to the Restrictive Practice Policy & Procedure, and the terms of any court order go into the Care Plan Template (Supported Living).