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DoLS — MRCPsych Paper B MCQ

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ModerateMental Health LawDoLSMRCPsych Paper B

In England, a 62-year-old man with dementia lives in a registered care home. He lacks capacity under the Mental Capacity Act 2005 to decide where he should live and receive care. He repeatedly says that he wants to leave, tries to exit, and becomes distressed when staff prevent him. The doors are locked, and staff continuously supervise and control his movements. There is no current need for admission to hospital for assessment or treatment of mental disorder. Which legal route should the care home use to seek authorisation for these arrangements?

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Correct answer: E — A standard authorisation under the Deprivation of Liberty Safeguards

The correct answer is E. His locked environment, continuous control, repeated attempts to leave and distress when prevented indicate restrictions imposed against his wishes and support a deprivation of liberty under the current multifactorial approach. For an adult in a registered care home, the care home should seek a DoLS standard authorisation from the local authority. Section 3 applies to detention in hospital for treatment of mental disorder, which is not required here. Guardianship can require residence and attendance but cannot authorise confinement amounting to deprivation of liberty. Section 117 concerns aftercare following specified Mental Health Act detention. Direct Court of Protection authorisation is generally used for deprivation of liberty outside hospitals and care homes, or where wider disputes or decisions require determination.

Reference: Department of Health and Social Care, UK Supreme Court 2026 judgment on what constitutes a deprivation of liberty, sections 'Who this applies to' and 'Assessing deprivation of liberty', 2026. https://www.gov.uk/government/publications/changes-to-the-definition-of-deprivation-of-liberty/uk-supreme-court-2026-judgment-on-what-constitutes-a-deprivation-of-liberty