Key policy issues:

• Procedure outlines requirements to meet the provisions of s58 and s58A of the Mental Health Act 1983 as amended by the Mental Health Act 2007.
• Outlines requirements of consent to treatment provisions of Part 4A of the Mental Health Act 1983 as amended by the Mental Health Act 2007 for Supervised Community Treatment patients.

Deprivation of liberty safeguards (DOLS) were introduced into the Mental Capacity Act 2005 via the Mental Health Act 2007.

DOLS provides a legal framework in circumstances where deprivation of liberty appears to be unavoidable and aims to prevent breaches of the European Convention on Human Rights.

DOLS apply to people in hospitals and care homes aged 18 years and over with a mental disorder who lack capacity to consent to where their treatment and/or care is given and are deprived of their liberty in their own best interests to protect them from harm.

This policy and procedure provides guidance on the operation of the Mental Capacity Act (MCA) 2005. It is designed to be used by staff throughout the statutory and non-statutory health and social care services across East Sussex