The Mental Capacity Act Deprivation of Liberty Safeguards (MCA DoLS), which came into force on 1 April 2009, provides a legal framework to ensure people are deprived of their liberty only when there is no other way to care for them or safely provide treatment. They were introduced as an amendment under the Mental Health Act 2007 but form part of the Mental Capacity Act.
This report provides information on uses of the legislation across the whole year from 1 April 2012 - 31 March 2013. This report also references the expected figures included in the planning assumptions made by the Department of Health.
IMPORTANT: Please note that some minor changes to the report were made in December 2013 in order to correct three errors caused by innacurate rounding. No other figures in the release (including reference data tables and underlying data) were affected. The corrections were:
Page 5, Fourth bullet point of Exec Summary & Page 21, 'dementia accounting for more than half (54 per cent) of all applications' - figure corrcted to 53 per cent.
- Page 16, paragraph beginning 'Regional differences': London has proportionally more adults aged 18-64 (86 per cent) of its population aged 18 and over) than England (79 per cent) - figures corrected to 85 per cent and 78 per cent.
- Page 22, paragraph beginning 'The proportion of applications granted an authorisation' - 58 per cent, rising to 60 per cent - second figure corrected to 59 per cent.
IMPORTANT: Please note that we were advised of some incorrectly submitted figures after publication which affected Quarter 4 2012-13 returns from Plymouth Local Authority and Plymouth Teaching Hospitals PCT.
- For Plymouth Local Authority (913), the total number of applications for a Deprivation of Liberty should have been 35 rather than 58 (with 10 being granted rather than 18, and 25 not being granted rather than 40). For Plymouth Teaching Hospitals PCT (5F1), the total number of applications should have been 7 rather than 13 (with 3 being granted rather than 5, and 4 not being granted rather than 8).
- For Plymouth Local Authority, the number of urgent authorisations requested should have been 24 rather than 37 (with 4 being granted rather than 6, and 20 being granted rather than 31). In addition, the number of reviews conducted should have been 1 rather than 2. For Plymouth Teaching Hospitals PCT, the total number of requests for urgent authorisations should have been 7 rather than 13 (with 3 being granted rather than 5, and 4 not being granted rather than 8). The number of reviews conducted remains unchanged.
Whilst National totals are not significantly changed, these errors should be taken into account when using breakdowns in the report and reference tables, and relevant cells of the machine readable dataset. Figures for the number of people subject to a standard authorisation are unchanged.