The Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS) were introduced, as part of the Mental Health Act 2007, by the Department of Health in April 2009.
The MCA 2005 was subsequently amended and you can find the legislation in Chapter 9-Schedule A1.
Thanks for the other information.
Still a very complex subject and not as clear cut as we might think. The Law Society has even published a "practical guide" although at nearly 140 pages long, it certainly isn't a quick guide! The Law Commission has also produced a consultation paper on the subject of Mental Capacity and the Deprivation of liberty. A nice round 230 pages long. Should make light bedtime reading for you!
Interestingly, section 2.12 of the paper states that:
"The DoLS have been subject to heavy criticism since their inception. This
culminated in the 2014 report by the House of Lords committee which concluded
that:"
"The level and breadth of criticism of the DoLS, including from the
judiciary, demonstrates that the legislation is not fit for purpose. Better
implementation would not be sufficient to address the fundamental
problems identified."
It then goes on to list the main problems with the DoLS. Among these problems, you will find reference to
the fact that DoLS is "based on case law which continues to be a moving target [see my earlier point about shifting sands]. In some cases, the case law has proved to be
complex,
controversial and on occasion
contradictory."