If you manage or work in a care setting, you have probably asked this question more than once. The short answer is: more people than you might think. The longer answer is what this blog explores.
The Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards framework sit at the heart of safe, rights-based care in England and Wales. Yet in far too many settings, training is still treated as something only senior staff need to worry about. That approach is not only legally risky; it puts the people you support in a genuinely vulnerable position.
Why MCA and DoLS Training Is More Urgent Than Ever
The numbers make sobering reading. According to the Department of Health and Social Care's official statistics for 2024 to 2025, there were 364,900 DoLS applications received in England during that period, a 9.8% increase on the previous year. More than half of those applications came with an urgent authorisation attached.
The Care Quality Commission has also been clear in its State of Care 2024/25 report that too many people are waiting too long for a DoLS authorisation, leaving them without legal protection. When systems are under this much pressure, the competence of every person involved in health and social care becomes critical.
That is why knowing who needs training is not just a compliance box to tick. It is a matter of protecting the people in your care from unlawful deprivation of their liberty.
Who Needs a DoLS Training Course in a Care Setting?
The Mental Capacity Act 2005 establishes that anyone involved in the care, treatment, or support of people aged 16 and over who may lack capacity has responsibilities under the Act. That scope is deliberately broad. Here is how it breaks down across different roles.
Care Home Managers and Registered Managers
If you are a registered manager, the buck stops with you. You are responsible for ensuring your service operates within the legal framework of the Act and the DoLS codes of practice. This means understanding:
When a DoLS application needs to be submitted to the supervisory body (your local authority)
What constitutes a deprivation of liberty in your setting
How to document best interests decisions
What happens if a DoLS authorisation is refused
Without this knowledge, your service is exposed, and so are the service users in your care.
Senior Carers and Team Leaders
Senior carers are often the first to notice when a person's care arrangements might amount to a deprivation of their liberty. They are also the ones who complete care plans, attend best interests meetings, and support families through difficult decisions.
A solid DoLS training course gives this group the language, the legal framework, and the confidence to raise concerns and take appropriate action. Without it, well-meaning staff can inadvertently create unlawful situations, particularly when managing behaviours related to dementia or acquired brain injury.
All Care Staff, Including Support Workers and Healthcare Assistants
This is the area where training gaps most commonly appear. Frontline care staff, including support workers, healthcare assistants, and domiciliary care workers, interact with service users around the clock. They are the ones who, day to day, may be physically restricting someone, constantly supervising someone, or preventing someone from leaving a setting.
These actions can all amount to a deprivation of liberty under case law, particularly following the Supreme Court's "acid test" established in Cheshire West (2014). Every person on the floor needs to understand what a deprivation of liberty means and their role in preventing unlawful restrictions.
Best Interest Assessors (BIAs)
Best Interest Assessors carry out the formal assessment required before a standard DoLS authorisation can be granted. This role requires specialist DoLS mental health assessor training and a thorough understanding of the Mental Capacity Act 2005, the Mental Health Act, the Court of Protection processes, and the applicable codes of practice.
If you have staff who are working towards or currently fulfilling the BIA role, their training needs go well beyond awareness level. Our Train-the-Trainer MCA and DoLS course can help build the deep expertise needed to support this work in-house.
Nurses and Allied Health Professionals in Social Care
Registered nurses working in care homes or community settings sit in a uniquely complex position. They may be involved in decisions that engage both the Mental Health Act and the Mental Capacity Act, and knowing which legal framework applies in a given situation is genuinely important. Confusion between the two is common and can lead to serious errors.
What Should MCA and DoLS Training Cover?
Whether you are booking a DoLS training course for an individual or arranging training for a whole team, good-quality training should cover:
The five key principles of the Mental Capacity Act 2005
How to carry out a capacity assessment correctly
The meaning of "best interests" and how decisions should be made
What the Liberty Safeguards (DoLS) are, who they apply to, and how the authorisation process works
The difference between a restriction and a deprivation of liberty
Relevant case law, including Cheshire West
When to involve the court of protection
How the Mental Health Act interacts with the MCA framework
The role of the Independent Mental Capacity Advocate (IMCA)
Training that skips any of these areas leaves your team with incomplete knowledge, which in practice means incomplete protection for the people you support.
How Often Should Training Be Refreshed?
There is no single statutory refresh period set out in law, but the CQC expects care providers to demonstrate that their staff are competent and up to date. Given the ongoing pressure on the DoLS system and changes to guidance and case law, we recommend refreshing MCA and DoLS training every one to two years as a minimum.
For those in senior or specialist roles, keeping up with changes to guidance, new case law, and developments around the Liberty Protection Safeguards (LPS), which remain under review, is an ongoing responsibility rather than a one-off event.
Ready to Get Your Team Trained?
At the Leicestershire Training Team, we deliver practical, engaging, and real-world healthcare training. Our trainers are registered nurses with direct hands-on experience, not just classroom educators. Every course comes with comprehensive digital handouts, and we come to you, so there is no disruption to your rota.
Whether you need an awareness session for your entire team, specialist DoLS mental health assessor training, or a Train-the-Trainer MCA and DoLS course to build long-term in-house expertise, we can help.
We are so confident in the quality of our training that if your staff do not enjoy the session and learn something of value, the training is completely free.
Get in touch with the Leicestershire Training Team today:
Phone: 0116 481 0323
Do not wait for an inspection to find the gap. Book your MCA and DoLS training now and give your team the knowledge and confidence they need to protect the people in their care.
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