The Right to Decide: Towards a greater understanding of mental capacity and deprivation of liberty

The Ombudsman’s investigations show that some councils and care providers do not properly understand the processes for making decisions on behalf of people who lack mental capacity.

It also includes problems it sees with the Deprivation of Liberty Safeguards system; for example, where people have been left in care homes, having not had the proper assessments carried out - and potentially being deprived of their freedom - for many years.

The report offers advice and guidance to social care professionals on how to get things right when working with people who may lack mental capacity. It also provides questions councillors can use for scrutinising their own authorities to ensure people in their area are treated properly.