Coronavirus (COVID-19): looking after people who lack mental capacity
Guidance for health and social care staff who are caring for, or treating, a person who lacks the relevant mental capacity.
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This emergency guidance is for health and social care staff in England and Wales who are caring for, or treating, a person who lacks the relevant mental capacity during the coronavirus outbreak.
The guidance ensures that decision-makers are clear about the steps they need to take during this period. It focuses on new scenarios and potential 鈥榙eprivations of liberty鈥� created by the outbreak.
During the outbreak, the principles of the Mental Capacity Act 2005 (MCA) and the safeguards provided by the deprivation of liberty safeguards (DoLS) still apply.
The MCA provides protection for people who lack or may lack the relevant mental capacity to make decisions about different aspects of their life.
The DoLS are an important part of this act and provide further safeguards for those who need to be deprived of their liberty in order to receive care or treatment in a care home or hospital, but do not have the capacity to consent to those arrangements.
Updates to this page
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Updated 'The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic' and additional guidance to reflect visiting arrangements being eased on 12 April 2021.
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Updated 'The Mental Capacity Act (2005) (MCA) and the deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic' and 'The Mental Capacity Act (2005) (MCA) and the deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic: additional guidance' to reflect the new national lockdown in England that began on 6 January 2021.
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The attachment 'The Mental Capacity Act (2005) (MCA) and the deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic: additional guidance' has been updated. A new sub-section has been added 鈥� 鈥極ffering a vaccine to someone who lacks the relevant mental capacity鈥�.
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Updated 2 attachments to reflect the latest guidance and advice for professional visits during the national lockdown, which began on 5 November 2020. The attachment 'The Mental Capacity Act (2005) (MCA) and the deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic' has been updated in the section 鈥楽upervisory bodies (local authorities in England, and local health boards and local authorities in Wales鈥� and a summary of these changes is reflected at the end of the 鈥楽ummary of key points鈥�. The attachment 'The Mental Capacity Act (2005) (MCA) and the deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic: additional guidance' has been updated in the section 鈥楥ontinuing to carry out your role as a DoLS independent mental capacity advocate (IMCA) or relevant person鈥檚 representative (RPR)鈥�.
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Updated 2 attachments: 1. 'The Mental Capacity Act (2005) (MCA) and the deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic'. The section 鈥楨mergency public health powers鈥� has been changed to 鈥楨mergency Coronavirus health powers鈥� to include information about which coronavirus health powers may be relevant for people without relevant mental capacity. The section 鈥楽upervisory bodies (local authorities in England, and local health boards and local authorities in Wales)鈥� has been updated to include advice on visiting care homes in relation to the latest local COVID alert level guidance. 2. 'The Mental Capacity Act (2005) (MCA) and the deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic: additional guidance'. The 鈥楨mergency public health powers鈥� section has been changed to 鈥楨mergency Coronavirus health powers鈥� to include updated information about what affect the new regulations and guidance in England for self-isolation, brought into force on Monday 28 September 2020, have if a person does not have mental capacity to make decisions in relation to these rules. The section 鈥楥ontinuing to carry out your role as a DoLS independent mental capacity advocate (IMCA) or relevant person鈥檚 representative (RPR)鈥� has also been updated to include local advice on visiting care homes in relation to the latest local COVID alert level guidance.
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Updated attachment: The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic鈥�. Sections 鈥楽ummary of key points鈥� and 鈥楽upervisory bodies鈥� include updated information about professional visits to care homes and hospitals. Updated attachment: 'The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic: additional guidance'. Section 鈥楤est interest decisions鈥� includes updated information about decisions related to elective surgery and other procedures. Sections 鈥楧epriving a person of their liberty鈥� and 鈥楽upervisory bodies鈥� include updated information about professional visits to care homes and hospitals.
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Added Welsh translations of main guidance document, annex A and annex B.
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Added a new section to the attachment 'The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic: additional guidance'. The new section is called 'The right to appeal if someone is subject to emergency health powers and lacks the relevant mental capacity'.
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Updates have been made to the main guidance attachment, in particular to the 'Emergency public health powers' section. The format of the attachment has also been changed to ensure it's accessible. 3 new attachments have been added to the page: additional guidance, annex A and an easy read.
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First published.