Reading List

This course is written for UK care staff. England and Wales share the Mental Capacity Act 2005 framework, though Wales has its own practice and regulator context. Scotland and Northern Ireland use different capacity and liberty arrangements, so follow local policy and professional advice where you work.

England and Wales: core capacity framework

GOV.UK: Mental Capacity Act Code of Practice
https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice
The statutory code for working with people who may lack capacity in England and Wales. Covers the legal framework, day-to-day duties, attorneys, deputies, IMCAs, and best-interests decision-making.

GOV.UK: Checking mental capacity
https://www.gov.uk/make-decisions-for-someone/assessing-mental-capacity
A concise practical summary of the decision-specific test: understanding, retaining, weighing, and communicating information. Reminds readers that an unwise decision does not imply incapacity.

NICE NG108: Decision-making and mental capacity
https://www.nice.org.uk/guidance/ng108
Practical guidance for supporting decision-making, carrying out assessments at the right time, and centring the person in best-interests decisions.

England: regulation and DoLS practice

CQC: Regulation 11 - Need for consent
https://www.cqc.org.uk/guidance-regulation/providers/regulations-service-providers-and-managers/health-social-care-act/regulation-11
Guidance on the consent duty in regulated services, including the requirement to apply the Mental Capacity Act where a person aged 16 or over lacks capacity to consent.

CQC: Regulation 13 - Safeguarding service users from abuse and improper treatment
https://www.cqc.org.uk/guidance-regulation/providers/regulations-service-providers-and-managers/health-social-care-act/regulation-13
Covers unlawful restraint, degrading treatment, disproportionate control, and deprivation of liberty without lawful authority - all relevant to restrictive practice.

CQC: Mental Capacity Act and Deprivation of Liberty Safeguards
https://www.cqc.org.uk/guidance-providers/all-services/mental-capacity-act-deprivation-liberty-safeguards
An England-specific overview of when care homes and hospitals should consider DoLS and how CQC monitors compliance.

CQC State of Care 2024/25: Deprivation of Liberty Safeguards
https://www.cqc.org.uk/publications/major-report/state-care/2024-2025/focus/dols
Examples of common shortcomings in staff understanding, documentation, and review of restrictions.

GOV.UK: Liberty Protection Safeguards - delay to implementation
https://www.gov.uk/government/publications/liberty-protection-safeguards-delay-to-implementation
Background on the delayed LPS reforms. Current CQC material continues to treat DoLS as the operational safeguarding route in care homes and hospitals in England.

Wales, Scotland, and Northern Ireland

Social Care Wales: The Mental Capacity Act, Deprivation of Liberty Safeguards, and your practice
https://socialcare.wales/resources-guidance/social-care-workers/mental-capacity-act-dols
A Wales-facing practice resource explaining that the MCA 2005 applies in England and Wales and that DoLS remain the current safeguards.

GOV.WALES: Reducing restrictive practices to children and adults
https://www.gov.wales/reducing-restrictive-practices-children-and-adults
Guidance recognising that restrictive practice includes more than physical restraint - for example blanket rules, communication limits, surveillance, and environmental restriction.

Scottish Government: Adults with incapacity - code of practice for local authorities
https://www.gov.scot/publications/adults-incapacity-scotland-act-2000-code-practice-local-authorities-exercising-functions-under-2000-act/
The Scotland-specific capacity and welfare framework, which differs from the England and Wales MCA/DoLS approach.

Northern Ireland Department of Health: MCA Deprivation of Liberty
https://www.health-ni.gov.uk/articles/mca-deprivation-liberty
Information on the Mental Capacity Act (NI) 2016 framework for deprivation of liberty, including its principles, code, forms, and implementation arrangements.