Skip to main content
Guidance

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.

Updates to this page

From:
Department of Health and Social Care
Published:
9 April 2020
Last updated:
27 April 2021
Show all updates

  1. 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.

  2. 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.

  3. 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 – ‘Offering a vaccine to someone who lacks the relevant mental capacity’.

  4. 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 ‘Supervisory bodies (local authorities in England, and local health boards and local authorities in Wales’ and a summary of these changes is reflected at the end of the ‘Summary of key points’. 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 ‘Continuing to carry out your role as a DoLS independent mental capacity advocate (IMCA) or relevant person’s representative (RPR)’.

  5. 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 ‘Emergency public health powers’ has been changed to ‘Emergency Coronavirus health powers’ to include information about which coronavirus health powers may be relevant for people without relevant mental capacity. The section ‘Supervisory bodies (local authorities in England, and local health boards and local authorities in Wales)’ 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 ‘Emergency public health powers’ section has been changed to ‘Emergency Coronavirus health powers’ 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 ‘Continuing to carry out your role as a DoLS independent mental capacity advocate (IMCA) or relevant person’s representative (RPR)’ has also been updated to include local advice on visiting care homes in relation to the latest local COVID alert level guidance.

  6. Updated attachment: The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic’. Sections ‘Summary of key points’ and ‘Supervisory bodies’ 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 ‘Best interest decisions’ includes updated information about decisions related to elective surgery and other procedures. Sections ‘Depriving a person of their liberty’ and ‘Supervisory bodies’ include updated information about professional visits to care homes and hospitals.

  7. Added Welsh translations of main guidance document, annex A and annex B.

  8. 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'.

  9. 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.

  10. First published.

This publication was withdrawn on

This emergency guidance will no longer be updated.

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.

Documents

The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic

HTML

The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic: additional guidance

HTML

Easy read: rules about the Mental Capacity Act and the deprivation of liberty safeguards in relation to caring for people during the coronavirus pandemic

PDF, 6.91 MB, 16 pages

Annex A: decision-making flowchart for decision-makers in hospitals and care homes

PDF, 134 KB, 5 pages

Annex B: deprivation of liberty safeguards form 1B

ODT, 38.7 KB

This file is in an OpenDocument format

This file may not be suitable for users of assistive technology.

Request an accessible format
If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email publications@dhsc.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Deddf Galluedd Meddyliol (2005) a Threfniadau Diogelu wrth Amddifadu o Ryddid (DoLS) yn ystod Pandemig y Coronafeirws (COVID-19) (Welsh)

PDF, 326 KB, 11 pages

Deddf Galluedd Meddyliol (2005) a Threfniadau Diogelu wrth Amddifadu o Ryddid (DoLS) yn ystod Pandemig y Coronafeirws (COVID-19) – Cwestiynau ac Atebion Atodol (Welsh)

PDF, 180 KB, 10 pages

Atodiad A: siart lif gwneud penderfyniadau ar gyfer y sawl sy'n gwneud penderfyniadau mewn ysbytai a chartrefi gofal (Welsh)

PDF, 68.1 KB, 5 pages

Atodiad B: ffurlen trefniadau diogelu wrth amddifadu ryddid 1B (COVID-19) (Welsh)

ODT, 40 KB

This file is in an OpenDocument format

This file may not be suitable for users of assistive technology.

Request an accessible format
If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email publications@dhsc.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Rheolau am y Ddeddf Galluedd Meddyliol a’r Trefniadau Diogelu Rhag Colli Rhyddid mewn perthynas â gofalu am bobl yn ystod y pandemig Coronafeirws - easy read (Welsh)

PDF, 6.7 MB, 16 pages

Details

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 ‘deprivations of liberty’ 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.

Sign up for emails or print this page

Related content