MHA interface with Deprivation of Liberty Safeguards

Page last updated: 12 May 2022
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In our 2018/19 report, we highlighted the challenges for professionals and patients in understanding people’s legal rights under the MHA, Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS), and how these worked together. In this, we called for the codes of practice of these laws to be updated and to provide clear guidance for professionals on these complex interface issues.

We continue to see situations where services are making subjective interpretations of guidelines to deprive people of their liberty under the MHA and DoLS. For example on one remote visit we heard that patients were initially admitted under the MHA, but then an urgent DoLS application was made as this was felt to be the least restrictive option. However, we heard that after the initial urgent application had expired, DoLS authorisations were rarely completed meaning that people were being deprived of their liberty unlawfully.

It is unclear in what sense deprivation of liberty can be less restrictive under one form of legislation than another, although each piece of legislation has different safeguards and rights. In light of the introduction of the Liberty Protection Safeguards, we would welcome clearer guidance about which legislation to use and make decisions that are in the best interests of patients and not for their own convenience.


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The MHA and mentally disordered offenders