WAJD Learning

Specialist practice · Level 2 to 3, all adult care staff

Mental Capacity Act and Deprivation of Liberty Safeguards

The Act that most often gets quoted wrongly, and the safeguards that exist because a gilded cage is still a cage.

  • 2modules
  • 3.0CPD hours
  • 100guided minutes
  • Freealways

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About this course

The Mental Capacity Act 2005 is quoted in care settings every day and applied correctly far less often. The most common error is treating capacity as a status a person has or does not have, rather than a decision specific and time specific assessment.

This course teaches the five principles, the two stage test, best interests decision making, lasting powers of attorney and advance decisions, and the Deprivation of Liberty Safeguards including the Cheshire West acid test.

It also covers what to do when your service is quietly depriving somebody of their liberty without authorisation, which is more common than most services believe.

What you will be able to do

  • Apply the five principles and the two stage capacity test to a specific decision
  • Carry out and record a best interests decision correctly
  • Distinguish a health and welfare LPA from a property and affairs LPA
  • Apply the acid test for a deprivation of liberty and know what authorisation is needed

Modules

  1. 1 Capacity, best interests and deprivation of liberty 55 min study · 5 min script · 4 question knowledge check
  2. 2 Best interests decisions, restraint and advocacy 45 min study · 4 min script · 4 question knowledge check

Assessment and certificate

Knowledge check at 80 per cent with unlimited attempts.

A free digital certificate showing 2 CPD hours with a verification code.

Questions

Have Liberty Protection Safeguards replaced DoLS?

No. The Liberty Protection Safeguards were provided for in the Mental Capacity (Amendment) Act 2019 but implementation was delayed indefinitely, and DoLS remains the operative regime. Always check the current position, because this is an area where training material goes out of date.

Can a family member with power of attorney refuse care on someone's behalf?

Only a health and welfare lasting power of attorney gives authority over care and treatment decisions, and only once the person lacks capacity for that decision. A property and affairs LPA gives no such authority, and this is confused constantly.