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Safeguarding, Mental Capacity and DOLS

This section provides essential guidance and resources to support best practice for professionals working in adult safeguarding, the Mental Capacity Act 2005 (MCA), and Deprivation of Liberty Safeguards (DoLS). Use the navigation menu to access tools, policies, and procedures that promote safe, lawful, and person-centred care.

Mental Capacity Act (MCA 2005)

The MCA 2005 promotes autonomy and person-centred care. It ensures that individuals who may lack capacity are supported to make decisions wherever possible, and that any decisions made on their behalf are in their best interests and involve the least restriction of their rights and freedoms.

Mental Capacity Act including DoLS – Local Government Association (LGA)

Deprivation of Liberty Safeguards (DoLS)

DoLS remains the legal framework for authorising deprivation of liberty for individuals aged 18 or over in care homes or hospitals. Although the Liberty Protection Safeguards (LPS) were intended to replace DoLS, implementation has been delayed. For other settings or individuals under 18, authorisation must be sought from the Court of Protection.

DoLS Guidance – GOV.UK

Public-Facing Safeguarding Information

If you are concerned about an adult at risk or want to learn more about safeguarding issues and how to report concerns, please visit our:

Safeguarding Adults Public Information Page
Recognising and Reporting Abuse
Types and Indicators of Abuse
Raising a Safeguarding Alert with Your Local Council

Safeguarding Adults Executive Board (SAEB)

The Safeguarding Adults Executive Board (SAEB) promotes and protects adults’ rights to live independently, safely, and free from abuse and neglect. It oversees strategic safeguarding activity across the boroughs.

Policies and Procedures

These documents should guide your professional practice at all times:

Resources on the Mental Capacity Act

Legal Updates and Case Law

39 Essex Chambers provides expert resources for applying the MCA and understanding mental capacity law. These include case law databases, summaries, reports, and guidance notes:

Referral Forms

Annual Reports

The annual reports are available here

Last updated: 13/11/2025