DH emphasises CCGs' role in overseeing NHS compliance with the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards (DOLS)

On 1 April 2013, the responsibilities currently held by PCTs to act as Supervisory Bodies, authorising deprivations of liberty in hospitals, will pass to local authorities. Hospital Trusts remain responsible, as managing authorities, for compliance with the DOLS legislation and for ensuring that all care and treatment in hospitals is compliant with the Mental Capacity Act 2005 (MCA). Money is being made available to assist local authorities in discharging their new responsibilities and to set out how this will be done, the DH has published a Funding Fact-Sheet for 2013/14.

CCGs and CSUs should take note of the following points from this document: Clinical Commissioning Groups (CCGs) will oversee these responsibilities; and be responsible for training and MCA compliance. All CCGs must have a named MCA lead and MCA policies to support their responsibilities....Clinical Commissioning Groups will be responsible for commissioning MCA-DOLS compliant hospital care and will be responsible for ensuring that hospitals meet their statutory responsibilities to the two million patients who are without capacity to consent to care and treatment.

Mills & Reeve frequently provides training on the MCA and DOLS both as part of its regular seminar programme and in-house to clients. Please contact us if you have any queries or if we may be able to assist with training.

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