Mental capacity and DOLS for care organisations.
Contact the team below to speak to our specialists.
Information and useful links for mental capacity & DOLS.
In the care and healthcare sectors, few areas are as complex, sensitive, and legally important as mental capacity and deprivation of liberty. Whether you’re providing residential care, supported living, or children’s services, ensuring lawful and ethical decision-making for people who may lack capacity is essential — and closely scrutinised by regulators, local authorities, and the courts.
We provide specialist legal advice on all aspects of mental capacity law and the Deprivation of Liberty Safeguards (DoLS), helping care providers, healthcare organisations, and social care teams navigate their responsibilities with clarity and confidence. With deep experience in the practical application of the Mental Capacity Act 2005, we support your team in making defensible, person-centred decisions that uphold the rights and dignity of those in your care.
Our team advises on mental capacity assessments, best interest decisions, care planning, and the lawful use of restrictions. We also provide support with urgent and standard DoLS applications, liaise with supervisory bodies, and advise on complex or disputed cases that may require input from the Court of Protection.
We understand the real-world challenges that come with supporting individuals who lack capacity — including balancing safety with independence, managing risks, dealing with family disagreements, and ensuring documentation is clear, compliant, and up to date. Our legal advice is always grounded in the practical realities of your work, helping you respond appropriately, avoid liability, and put the person at the heart of every decision.
We also support providers through CQC inspections, local authority reviews, and regulatory investigations where mental capacity and DoLS issues are under scrutiny. If concerns are raised, we’ll guide you through your legal obligations and help you respond transparently and effectively.
With upcoming changes to the legal framework — including the proposed implementation of the Liberty Protection Safeguards (LPS) — staying informed and prepared is more important than ever. Our team is here to keep you ahead of developments and support you in embedding strong, lawful practices across your organisation.
Mental capacity isn’t just a legal issue — it’s a core part of delivering ethical, compassionate, and person-centred care. We’re here to help you get it right.
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"The lawyers are extremely responsive, their advice comprehensive and solution focused, bringing peace of mind in often challenging circumstances."
“RWK Goodman have provided us with an excellent service. They have worked with us on the major strategic issues as well as on individual service user or employment cases ... in all this we have found the team to be responsive, friendly and effective, with the amount of support tailored exactly according to what the client needs and prefers.”
"We have been particularly impressed with their experts’ in depth knowledge that is specific not only to the health and social care sector, but to care providers in particular. The advice has been tailored to our needs, our goals, and the challenges we face. ”
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We offer all providers a free health check of their employment contracts and service user contracts.
As a care provider it is crucial that you have the correct contractual agreements in place. Failure to do so can have financial and legal consequences but also cause reputation damage. Our Health check service is designed to protect you whilst also giving you the most pragmatic and commercial options. Speak to the team today.