When you are in hospital, there may be a time when you are unable to make decisions about your care and treatment. The clinical team may need to make decisions on your behalf.
This will always be what is best for you at the time and is known as a ‘best interest decision’.
In order to make these decisions, the hospital must make sure safeguards are in place to protect you and make sure you get the most appropriate care.
To do this, the hospital will make an application under the Mental Capacity Act (MCA) for a Deprivation of Liberty Safeguards (DoLS).
Introduction
The Mental Capacity Act is the law developed to protect you if you are under 16 years of age and lack the mental capacity to make your own decisions.
Best interests decisions
If you have been assessed to lack capacity and the staff looking after you have to make decisions in your best Interests, the staff will make an application to have you placed under a DoLS. These are to safeguard you and make sure you get the most appropriate care and treatment.
Restrictive interventions
If the ward you are on has restrictions in place to limit your freedoms and liberty – like locked doors, furniture to keep you safe from falling, some medications – as well as other things and you are subject to a DoLS; then you are not free to leave. This has been decided in your Bests Interests to keep you safe and make sure you get the most appropriate help and care.
How will a DoLS affect you?
The DoLS gives the hospital the power to stop you leaving. In the background the local authority will be ensuring the appropriate checks and balances are in place and the DoLS is lawful and for no longer than it needs to be.
If you have appointed someone with lasting power of attorney, they too will be involved in decision making as well as yourself.
Mental Capacity Act (MCA)
Your team will talk to you and find out if you can:
- Understand the information
- Remember it
- Think about the information and the risks.
- Your ability to communicate
It is important that you were helped during this assessment.
More information on the Mental Capacity Act is available here.
Your rights
- There is a process you can follow if you aren’t happy with decisions made on your behalf.
- You may have put something in place to refuse treatment when you still had the mental capacity to do so.
- You have the right to an Independent Advocate (IMCA) who can support you and help you understand what’s going on and why.
- The Court of Protection may get involved if there are disagreements over decisions being made.
Further information
You can speak to a member of the ward team or you can contact the safeguarding team on