IMCA & Dols

The role of Independent Mental Capacity Advocates within the Deprivation of Liberty Safeguards

Deprivation of Liberty Safeguards (DOLs) give additional rights and responsibilities to an IMCA, other than those assigned to them by the Mental Capacity Act 2005. Chapter 3 of the DOLs Code of Practice provides a detailed list of those rights and responsibilities.

Within DOLs, IMCAs can be instructed on three occasions:

as soon as a request is made by the managing authority, if the relevant person has no appropriate family member or a friend
once the authorisation has been granted, if the relevant person does not have a paid representative, they or their representative can request an IMCA
if there is a gap between one paid representative leaving and the appointment of another one.

About Dols

The Deprivation of Liberty Safeguards (DOLs) are included in the Mental Capacity Act 2005 and came into force on 1 April 2009.

The safeguards are designed to protect the interests of vulnerable people and to:

ensure they can be given the care they need in the least restrictive regimes
prevent arbitrary decisions that deprive people of their liberty
provide safeguards for people
provide them with rights of challenge against unlawful detention
avoid unnecessary bureaucracy.

The Mental Capacity Act DOL safeguards apply to anyone:

aged 18 and over
who has a mental disorder, such as dementia or a significant learning disability
who lacks the capacity to give informed consent to the arrangements made for their care and/or treatment

and

for whom deprivation of liberty (within the meaning of Article 5 of the European Convention on Human Rights) is considered, after independent assessment, to be necessary in their best interests and to protect them from harm.

The safeguards cover patients in hospitals, and people in care homes registered under the Care Standards Act 2000, whether placed under public or private arrangements.

If you think someone may be eligible or you need some information about the IMCA or DOLS service please contact us