Mental Capacity Act and DoLS training
This training covers how we assess mental capacity, make decisions in someone's best interests when they cannot decide for themselves, and protect the rights of people who may be deprived of their liberty. Understanding these legal duties protects residents and ensures we provide lawful, person centred care.
What This Training Covers
A clear, practical grounding in mental capacity act and dols.
This training covers how we assess mental capacity, make decisions in someone's best interests when they cannot decide for themselves, and protect the rights of people who may be deprived of their liberty. Understanding these legal duties protects residents and ensures we provide lawful, person centred care.
Learning Outcomes
By the end, your staff will be able to:
What Your Team Will Learn
A closer look at the mental capacity act and dols module.
The module is built in short, practical sections. Each one teaches a part of the topic, then applies it to a real care scenario and checks understanding before moving on.
The Five Principles of the Mental Capacity Act
The Mental Capacity Act is built on five principles that guide everything we do. First, we must assume a person has capacity to make a decision unless proven otherwise. Second, we must give all practical help to support someone to make their own decision before concluding they cannot. Third, a person has the right to make unwise decisions. Fourth, any decision made for someone who lacks capacity must be in their best interests. Fifth, any decision made for them must be the least restrictive option.
When Mental Capacity Must Be Assessed
Mental capacity is decision specific and time specific. This means a person may have capacity to make some decisions but not others, and their capacity may change from day to day. We must assess capacity whenever we have reason to believe someone may not be able to make a particular decision at the time it needs to be made. Common situations include consenting to care, agreeing to medication, deciding about medical treatment, or making financial choices. Never assume someone lacks capacity just because they have dementia or a learning disability.
The Two Stage Test for Mental Capacity
Assessing mental capacity involves a two stage test. Stage one asks: does the person have an impairment of, or disturbance in the functioning of, their mind or brain? This could be dementia, learning disability, mental illness, brain injury, or even temporary confusion from infection. If yes, move to stage two. Stage two asks: does that impairment mean the person cannot make this specific decision at this time? To have capacity, the person must be able to understand the information, retain it long enough, weigh it up to make a decision, and communicate their decision back.
Making Best Interests Decisions
When someone lacks capacity to make a decision, we must make it for them in their best interests. This is not about what we think is best, but a structured process. We must consider all relevant circumstances, involve the person as much as possible, consider their past and present wishes, consider the views of family and others close to them, and choose the least restrictive option. We must not make assumptions based on age, appearance, or condition. Best interests decisions must be recorded clearly, showing who was consulted and how the decision was reached.
Understanding Deprivation of Liberty
Deprivation of liberty means taking away someone's freedom in a way that goes beyond normal restrictions. It happens when a person lacks capacity to consent to their care arrangements, is under continuous supervision and control, and is not free to leave. This is different from restraint, which is a single act. Deprivation of liberty is about the overall situation. For example, locked doors, constant supervision, no choice about care, and being unable to see family freely may together amount to deprivation of liberty. We must never deprive someone of liberty without proper legal authorisation.
Deprivation of Liberty Safeguards Process
When we identify that someone may be deprived of their liberty, we must apply for authorisation through the Deprivation of Liberty Safeguards, known as DoLS. The manager must complete an application to the local authority, called the supervisory body. They will send assessors to check if deprivation of liberty is happening, if it is necessary and proportionate, and if it is in the person's best interests. If authorised, it is reviewed regularly. We must keep detailed records of all restrictions and why they are needed. Staff must understand that unauthorised deprivation of liberty is unlawful and breaches human rights.
Key Points Covered
The things your team must remember.
- Always assume someone has capacity unless proven otherwise, and give all practical help to support them to decide
- Mental capacity is decision specific and time specific, so assess capacity for each important decision at the time it needs to be made
- The two stage test checks if there is an impairment of the mind or brain, and if it stops the person understanding, retaining, weighing up information, or communicating their decision
- Best interests decisions must involve the person, consider their wishes, consult family and others, and choose the least restrictive option
- Deprivation of liberty happens when someone lacks capacity to consent, is under continuous supervision and control, and is not free to leave
- Any deprivation of liberty must be authorised through DoLS by applying to the local authority immediately when identified
Who and how often
Mental Capacity Act and DoLS is refreshed every two years, for the staff in your care setting whose roles require it.
CQC and standards
Supports the training evidence CQC expects to see for a well-run, safe care setting.
How CareStream Delivers It
Not a slideshow once a year. Training that sticks.
CareStream delivers mental capacity act and dols training in the hub your team already uses, grounded in best practice and your own policies, so it fits your care setting and not a generic template.
Teach, then assess
Short teaching sections and a real care scenario, then an assessment that checks understanding.
In any language
Staff complete it in over 60 languages, while your records stay in English.
Learn and retry
A wrong answer triggers a short follow-up lesson and a fresh question, so the gap is closed.
Renewals handled
Automatic reminders at 90, 30 and 7 days, with a live compliance dashboard.
FAQs
Frequently asked questions.
Give your team mental capacity act and dols training that actually sticks.
See how CareStream delivers your mandatory training in the hub, in any language.