Trusts and PCTs/managing authorities and supervisory bodies need to be working on their policies and procedures to deal with potential deprivation of liberty. Those working within the Mental Capacity Act 2005 have a duty to have regard to the DOLS Code of Practice. That means they need to be familiar with it. If they deviate from it they need a good reason and failure to follow it could lead to civil liability or criminal prosecution. It could also be used as evidence by a professional body.