The Local Government and Social Care Ombudsman MCA and DoLS report

The Local Government and Social Care Ombudsman has published a summary of its investigations into the application of the MCA with their main findings being:

“In the year 2016/17 we investigated 1,212 adult social care complaints in detail. We estimate that up to 20% of these concerned mental capacity or DoLS. Following investigation, we upheld 69% of these cases, indicating that there were faults that needed some form of remedy. This is much higher than the average rate of 53% across all our investigations.”

Having read the report it is unlikely to come as a surprise that the usual MCA failings were highlighted by the report:

No capacity assessments before decisions made for the person.

Delays is assessing capacity leading to harm

Poor best interest decision making

Interference in family life without applying correct processes

The usual shortcomings of DoLS scheme


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See the report here: