Mental Capacity Act 2005 and DoLS

Course Overview

The Mental Capacity Act 2005 is one of the most important pieces of legislation in health and social care. It is also one of the most consistently misapplied.

In delivery, the same gaps surface across teams and settings with striking regularity. Staff who believe that a diagnosis of dementia, a learning disability, or a mental health condition means the individual lacks capacity, without ever assessing the specific decision in front of them. Teams making blanket best-interest decisions with no documented capacity assessment behind them. Care workers who genuinely do not know how to balance their duty of care with an individual’s right under principle three to make a decision others consider unwise. And the phrase “mental capacity” is used as a sweeping label, when the law is explicit that capacity is always time-specific and decision-specific. A person who cannot manage their finances today may have the full capacity to decide what they eat for lunch.

These are not minor misunderstandings. They lead to unlawful restriction, safeguarding concerns, and a fundamental failure of the person-centred care that the Mental Capacity Act was designed to protect.

This course gives care staff a clear, practical, and legally grounded understanding of how the MCA works in real situations. It covers the five statutory principles, how to assess capacity correctly, how to make and record best interests decisions, and how to apply the least restrictive option in everyday care. It also covers Deprivation of Liberty Safeguards at an awareness level, including the current legal position in 2026, which remains DoLS. Liberty Protection Safeguards, introduced in the Mental Capacity (Amendment) Act 2019, have not yet been implemented.

The course aligns with the Mental Capacity Act 2005, the MCA Code of Practice, CQC Regulation 11 (Need for Consent), the Human Rights Act 1998, and the Care Act 2014.

Course Details

  • Duration: Half day (3 to 4 hours), or full day workshop for teams supporting complex needs
  • Delivery: In-person at your venue, or live online via Zoom or Microsoft Teams
  • Certificate: CPD-accredited certificate of achievement in Mental Capacity Act and DoLS
  • Refresher: Every 2 to 3 years, or sooner following legislative updates, significant incidents, safeguarding concerns, or changes in role
  • Group size: Up to 12 learners

Who This Course Is For

This course is right for any staff member whose role involves supporting individuals who may lack the capacity to make specific decisions, including:

  • Care assistants and support workers in care homes, supported living, and domiciliary care
  • Senior carers and team leaders
  • Managers and supervisors responsible for oversight of best interests decisions and DoLS applications
  • Health and social care staff involved in decision-making or care planning
  • Personal Assistants supporting individuals through Direct Payments, Personal Health Budgets, or Continuing Healthcare arrangements
  • Any staff member who has ever felt uncertain about whether they are acting lawfully when supporting someone who refuses care, makes a decision others consider risky, or whose capacity fluctuates

Why Mental Capacity Act Training Matters

The Mental Capacity Act 2005 provides the legal framework for decision-making on behalf of adults who may lack capacity. It is built around five statutory principles that are not optional guidance. They are the law. And when they are not understood or applied correctly, the consequences are serious.

The most persistent misunderstanding in practice is the assumption that capacity is a fixed characteristic. It is not. The MCA is explicit: capacity is always assessed in relation to a specific decision at a specific time. A person who lacks capacity to make a complex financial decision today may have full capacity to decide where they want to go for a walk this afternoon. Staff who apply a blanket mental capacity label based on a diagnosis are not applying the MCA. They are overriding it.

Principle three of the MCA states that individuals have the right to make decisions others consider unwise. For many care workers, this is the hardest principle to apply in practice, because it sits in direct tension with the instinct to protect. When someone with capacity chooses to eat food that is not good for them, or refuses a medication their GP has recommended, or wants to do something that carries genuine risk, the care worker’s duty of care does not disappear. But neither does the individual’s right to make that choice. This course gives staff the framework to hold both at once, and to document their decision-making in a way that demonstrates good practice.

Under CQC Regulation 11 (Need for Consent), providers must ensure care and treatment is delivered with valid consent, or lawfully in line with the MCA, where individuals lack capacity. Failure to do this constitutes unlawful care. CQC inspectors look specifically at whether capacity assessments are decision-specific, whether best interests decisions are documented, and whether restrictions on individuals are lawfully authorised.

The Care Act 2014 places wellbeing at the heart of adult social care, encompassing physical, mental, emotional, and social wellbeing. Best interest decisions must consider the whole person, not just the presenting risk. And under Articles 5 and 8 of the Human Rights Act 1998, individuals have the right to liberty and to respect for their private and family life. These rights do not disappear when someone moves into a care home or receives support at home. They remain, and the MCA and DoLS framework is the mechanism through which any lawful restriction on those rights must be justified.

DoLS and LPS: The Current Legal Position in 2026

Deprivation of Liberty Safeguards, introduced under the Mental Health Act 2007 as an amendment to the MCA, provide the legal framework for authorising a deprivation of liberty for adults who lack capacity and are being cared for in a care home or hospital in a way that amounts to a deprivation of their liberty under Article 5 of the Human Rights Act.

The Mental Capacity (Amendment) Act 2019 received Royal Assent and introduced Liberty Protection Safeguards as a replacement for DoLS. LPS were intended to extend protections to a wider range of settings, simplify the authorisation process, and address the significant backlog of DoLS applications that has accumulated since the Supreme Court’s 2014 Cheshire West ruling. However, as of April 2026, LPS have not been implemented. The government has confirmed that implementation requires further preparation and sector readiness, and no confirmed commencement date has been set.

DoLS therefore remains the current law in England. Care homes and hospitals must continue to apply for DoLS authorisations where an individual who lacks capacity is, or may be, deprived of their liberty. The backlog of applications is significant, but the legal obligation to apply remains. Providers who have been waiting for LPS implementation before reviewing their DoLS position should not delay further.

This course covers DoLS at an awareness level, including the acid test, the difference between restriction and deprivation of liberty, and when an application must be made.

What You Will Learn

By the end of the session, learners will be able to:

  • Explain the purpose and scope of the Mental Capacity Act 2005 and understand why it sits at the centre of lawful, person-centred care
  • Apply the five statutory principles correctly in real care situations, including the principle that capacity is always time and decision-specific
  • Carry out a capacity assessment that is specific to the decision at hand, rather than applying a blanket label based on diagnosis or condition
  • Understand and apply principle three in practice: supporting an individual’s right to make a decision others consider unwise while fulfilling their duty of care
  • Make and record best interest decisions correctly, including understanding who should be involved and how the decision must be documented
  • Identify the least restrictive option in a range of care situations and understand why this principle matters legally and ethically
  • Recognise when restrictions placed on an individual may amount to a deprivation of liberty and understand the DoLS acid test
  • Understand the DoLS framework at an awareness level, including when an application must be made and what the process involves
  • Understand the current legal position regarding DoLS and LPS in 2026
  • Apply the Human Rights Act 1998 and Care Act 2014 wellbeing principle in the context of MCA decision-making
  • Document capacity assessments and best interests decisions in a way that demonstrates lawful, evidence-based practice

Course Content

Content is adapted to your service type, client group, and the specific MCA challenges most relevant to your team. Topics covered include:

  • The purpose and scope of the Mental Capacity Act 2005 and who it applies to
  • The five statutory principles
  • Capacity is time and decision-specific
  • The two-stage capacity assessment
  • Supporting decision-making
  • Best interests decision-making
  • The least restrictive option
  • Fluctuating capacity
  • Deprivation of Liberty, Restraint and restriction
  • The Human Rights Act 1998 Articles 5 and 8 in the context of care and restriction
  • The Care Act 2014 wellbeing principle and its relationship to best interests decisions
  • CQC Regulation 11 and what inspectors look for in relation to consent and capacity
  • Documentation

How the Course Is Delivered

Sessions are practical, scenario-based, and built around the real decisions care workers face when supporting individuals who may lack capacity. The aim is genuine confidence in applying the law, not just awareness that the law exists. Delivery includes:

  • Scenario-based work covering the specific situations that generate the most uncertainty in practice, including fluctuating capacity, families who believe they can override an individual’s wishes, refusal of care, and decisions involving significant risk
  • Direct exploration of principle three and the tension between duty of care and the right to make unwise decisions
  • Practical exercises in capacity assessment and best interests decision-making, including what documentation must contain
  • Discussion of the DoLS acid test and real examples of where the line between restriction and deprivation falls
  • Time for questions, because the MCA consistently generates them once staff start applying it to their own cases

Where helpful, we incorporate your own policies, documentation formats, and any specific incidents or CQC feedback into delivery.

Certification and Validity

On completion, learners receive a CPD-accredited certificate of achievement in Mental Capacity Act 2005.

A refresher is recommended every 2 to 3 years, or sooner following any significant change to legislation or statutory guidance, following a safeguarding investigation or CQC finding related to consent or capacity, or when staff take on new responsibilities involving decision-making for individuals who may lack capacity.

In-House and Bespoke Training

We adapt every session to your service, your client group, and the specific MCA challenges your team faces.

We can build content around:

  • Your service type, including residential care, supported living, domiciliary care, and healthcare settings
  • The specific conditions and presentations most common in your service, including dementia, learning disabilities, acquired brain injury, and mental health conditions
  • Your own capacity assessment and best interests documentation formats
  • Specific incidents, CQC findings, or safeguarding concerns where MCA application was a factor
  • Combined delivery with Safeguarding Adults, Positive Risk Taking, or Deprivation of Liberty for a joined-up legal and practice framework

Course Location and Service Areas

We deliver in-house training at your workplace or chosen venue across Manchester, Greater Manchester, and the wider North West. We also deliver nationally across England, including North England, South England, London, and Surrey.

For teams in multiple locations or with remote workers, this course is available live online via Zoom or Microsoft Teams.

All sessions are led by experienced Prima Cura Training instructors. Every trainer holds an Enhanced DBS certificate.

FAQs

What are the five principles of the MCA?

The five statutory principles are: first, that every adult must be assumed to have capacity unless it is established that they do not. Second, that all practicable steps must be taken to support a person to make their own decision before concluding they lack capacity. Third, that a person is not to be treated as lacking capacity merely because they make a decision others consider unwise. Fourth, that any act done or decision made on behalf of someone who lacks capacity must be done in their best interests. Fifth, that before any act or decision is taken, consideration must be given to whether the purpose can be achieved in a less restrictive way.

How do staff balance principle three with their duty of care?

This is one of the most challenging aspects of applying the MCA in practice. Principle three means that if an individual has the capacity to make a specific decision, they have the right to make it even if others consider it unwise. The care worker’s duty of care does not disappear, but it must be balanced against the individual’s right to self-determination. In practice, this means ensuring the person has the information they need to make an informed decision, documenting that the decision was made with capacity, recording any risks discussed, and escalating where concerns are serious. This course works through that balance in detail using real scenarios.

What is the difference between a restriction and a deprivation of liberty?

A restriction is a proportionate, necessary measure that limits an individual’s freedom to some degree but does not amount to a deprivation of liberty. A deprivation of liberty, as defined by the Supreme Court’s acid test in the Cheshire West case, occurs when a person is under continuous supervision and control and is not free to leave. The distinction matters because a deprivation of liberty can only be lawfully authorised through DoLS in a care home or hospital. An unauthorised deprivation of liberty is unlawful regardless of the individual’s best interests.

Is DoLS still in use?

Yes. As of April 2026, Deprivation of Liberty Safeguards remain the law in England. Liberty Protection Safeguards, which were introduced by the Mental Capacity (Amendment) Act 2019, have not been implemented. The government has confirmed that further preparation is required before LPS can commence, and no implementation date has been confirmed. Providers must continue to apply for DoLS authorisations where required and should not delay action in anticipation of LPS.

Related Courses

Book or Enquire

To book Mental Capacity Act and DoLS Training or request a quote for your team, use the enquiry form on this page or contact us directly.

Our Commitment to Quality and Compliance

At Prima Cura Training, all courses reflect current UK guidance and best practice.

All trainers are experienced professionals with relevant qualifications and ongoing CPD. Because many of the organisations we support work with vulnerable individuals, all trainers hold Enhanced DBS checks.

This course is reviewed against updates from the Department of Health and Social Care, the Care Quality Commission, and current UK legislation, including the Mental Capacity Act 2005, the Mental Capacity (Amendment) Act 2019, the Human Rights Act 1998, the Care Act 2014, and the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. Course content reflects the MCA Code of Practice and current DoLS guidance.

You can read more on our Quality Assurance and Compliance page.

Reviewed by Stephanie Austin, Owner and Lead Trainer, Prima Cura Training | 25+ years in health and social care | 15+ years as a trainer | Last reviewed: April 2026 | Next review: April 2027

This page is for general guidance only and reflects current UK legislation, statutory guidance, and best practice as of the date of review. It does not constitute legal advice. Mental Capacity Act and DoLS Training provides awareness and practical guidance for health and social care staff and does not replace legal advice, organisational policies, or the statutory obligations placed on providers and individuals under the Mental Capacity Act 2005, the Mental Capacity (Amendment) Act 2019, the Human Rights Act 1998, the Care Act 2014, and the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. Deprivation of Liberty Safeguards remain in force in England as of April 2026. Liberty Protection Safeguards have not been implemented, and DoLS authorisation requirements continue to apply. Where individual capacity assessments, best interests decisions, or DoLS applications are required, providers must ensure these are carried out by appropriately trained and authorised individuals in accordance with the MCA, the MCA Code of Practice, and current statutory guidance.

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