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Concerns Over Poor Understanding of Mental Capacity Act and Deprivation of Liberty Safeguards

Published by the CQC on 21st March 2024, the latest Monitoring the Mental Health Act in 2022/23 report highlights significant concerns regarding the understanding and implementation of the Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS) in mental health services.

"We have observed some providers not delivering adequate training on DoLS, resulting in a lack of understanding among staff. This could lead to them applying restrictions without considering whether less restrictive options are available in line with the MCA."

CQC, Monitoring the Mental Health Act in 2022/23 (March 2024)

The report reveals that inadequate training and understanding of DoLS are contributing to the overuse of restrictive practices. In some cases, patients have been "de facto detained" due to delays in DoLS assessments, leading to unauthorized deprivation of liberty. The CQC calls for improved staff training and the urgent implementation of Liberty Protection Safeguards to address these issues.

For further details, read the full report here.

Relevant virtual conferences

Deprivation of Liberty: Moving Forward

To further understand and address these challenges we encourage you to attend this forthcoming virtual conference, taking place on Wednesday, 12th June 2024. Attending this conference will enable you to  improve your understanding and application of DoLS, understand Mental Capacity and Best Interest Assessment, as well as ensure that you are up to date with the legal and practical implications. Click here for more details about this conference. 

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