01 Sep 2026
Recommended
Minimum 120 mins
Course
Access
Certification
Voiceover
This course provides health and social care professionals in England with a comprehensive and practical understanding of the Mental Capacity Act 2005 (MCA) and Deprivation of Liberty Safeguards (DoLS). It explains the five statutory principles of the MCA, decision-specific and time-specific capacity, supported decision-making, the lawful assessment of capacity, best-interests decision-making, consent, restraint, advocacy, safeguarding and professional accountability.
The course also incorporates the 2026 UK Supreme Court judgment, explaining the move away from the former Cheshire West acid test and the introduction of a multifactorial approach to assessing deprivation of liberty. Learners explore factors such as the nature and intensity of restrictions, duration, objection, external control, the person’s actual circumstances and valid Article 5 consent. The course also covers standard and urgent DoLS authorisations, the correct legal routes for different care settings, the interface with the Mental Health Act, the roles of IMCAs and Relevant Person’s Representatives, and the importance of review and challenge.
Throughout, the emphasis is on lawful, proportionate, person-centred and least restrictive practice, supported by clear documentation, effective communication and protection of the person’s rights, dignity, autonomy and wellbeing.
£21.99 + VAT
Learning Outcomes.
By the end of this course,participants will be able:
To describe the scope, qualifying requirements, authorisation process and safeguards under DoLS.
To distinguish between consent, capacity, best interests, restriction, restraint and deprivation of liberty.
To apply the statutory best-interests checklist and identify the appropriate lawful decision-maker.
To demonstrate supported decision-making and identify practical steps to maximise a person’s ability to make their own decision.
To assess capacity for a specific decision at the time it is required, using the diagnostic and functional requirements and establishing the causal link between them.
To explain the scope, purpose and five statutory principles of the Mental Capacity Act 2005.
To explain why the former Cheshire West acid test is no longer determinative and apply the 2026 multifactorial assessment to the person’s concrete situation.
To assess objection, wishes and feelings and understand the Article 5 concept of valid consent, including when consent should not be inferred.
To identify the correct legal route for hospitals, care homes, community settings and people under 18, and escalate borderline or disputed cases appropriately.
Course
Contents.
01
Understand the purpose, scope and five statutory principles of the Mental Capacity Act 2005, including decision-specific capacity, autonomy and the right to make unwise decisions.
03
Understand the statutory capacity assessment and the four functional abilities: understanding, retaining, using or weighing information, and communicating a decision.
05
Explore Advance Decisions to Refuse Treatment, Lasting Powers of Attorney, Deputies and the legal safeguards governing restraint under Section 6 of the Mental Capacity Act.
08
Understand the requirements for valid consent, including capacity, voluntariness, relevant information, communication, young people, emergency treatment and appropriate documentation.
06
Understand Article 5 and the changes following the 2026 UK Supreme Court judgment, including the move from the Cheshire West approach to a multifactorial assessment of confinement.
09
Explore how the Mental Capacity Act interacts with the Care Act 2014, Mental Health Act 1983, human rights, confidentiality, data protection and professional accountability.
02
Learn how to support decision-making through effective communication, accessible information, reasonable adjustments and practical approaches before concluding that a person lacks capacity.
04
Learn how to identify the lawful decision-maker, apply the statutory best-interests checklist, consider the person’s wishes and choose the least restrictive option.
07
Learn when DoLS applies, the six qualifying requirements, standard and urgent authorisations, reviews, representation and the impact of the 2026 legal changes.
10
Understand advocacy, the Relevant Person’s Representative, restrictive practice, safeguarding concerns and the responsibilities of professionals to respond and escalate concerns appropriately.
This course provides health and social care professionals in England with a clear, practical understanding of the Mental Capacity Act 2005 (MCA) and Deprivation of Liberty Safeguards (DoLS). It explains the five statutory principles of the MCA, supported decision-making, lawful capacity assessment, best-interests decision-making, restraint, consent, advocacy and safeguarding responsibilities. The course also incorporates the 2026 UK Supreme Court judgment, explaining the move away from the former Cheshire West acid test towards a multifactorial assessment of deprivation of liberty, including the importance of objection, external control, the person’s actual circumstances and valid Article 5 consent. Learners are guided through standard and urgent DoLS processes, the correct legal routes for different care settings, the interface with the Mental Health Act, and the responsibilities of professionals, IMCAs and Relevant Person’s Representatives. The course emphasises lawful, proportionate, person-centred and least restrictive practice, supported by clear documentation, review, safeguarding and access to challenge.
Summary