Government withdraws emergency guidance covering Mental Capacity Act and DoLS during pandemic

Confirming that the emergency guidance was withdrawn on 10 August 2021 and would no longer be updated, the DHSC said: “The care and treatment of people who may lack the relevant mental capacity must always be guided by important principles of the Mental Capacity Act 2005 (MCA) and may in some cases include the safeguards provided by the Deprivation of Liberty Safeguards (DoLS). This was and is the case, before, during and after the pandemic.

“Where decisions may need to be made in relation to COVID-19 care or treatment, for someone who may lack the relevant mental capacity, practitioners should follow their usual processes, including the best interest decision making process.”