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A free easy step refresher for Deprivation of Liberty Safegaurds (DoLS)
At times, some people will need to be deprived of their liberty in their best interests, to protect them from harm. DOLS are an important protection for people who are at risk of being deprived of their liberty in a hospital or a Care Quality Commission(CQC) registered care home, who lack capacity to consent to the arrangements and are not detained under the Mental Health Act 1983.
Registered homes and hospitals are ‘managing authorities’ for DOLS and they have the responsibility for preventing unnecessary deprivations of liberty and recognising when a deprivation of liberty is occurring or is likely to occur. They are also responsible for granting ‘urgent authorisations’ and referring to the ‘Supervisory Body’ for a DOLS assessment to grant a ‘standard authorisation’.
The Supreme Court laid down an acid test to assist homes and assessors to identify a deprivation of liberty on 19 March 2014.
This acid test states: ‘The person is under continuous supervision and control and is not free to leave, and the person lacks capacity to consent to these arrangements.’
The Supreme Court ruled that the following factors are not relevant to whether or not someone is deprived of their liberty:
County Council’s are the Supervisory Body’s for all people who may be deprived of their liberty in a hospital or care home, lack capacity to consent to this and are ‘ordinarily resident’.
Persons who are deprived of their liberty in other settings, such as Supported Living or their own homes cannot have this authorised through the DOLS process, these Deprivations of Liberty must go through the Court of Protection.
Sourcemycare’s Independent Care Advice service is an ideal high-value, we can assist the care home to identify possible Deprivations of liberty.
Sourcemycare has developed innovative ways of providing Care Advice, and will work with you to design a specialist tailored service, to enable your care home to be working within the law and protecting people in your care. Independent Best interest assessors/Social Workers can review and complete the urgent/standard request forms.
For further information and a full introduction
Telephone: 01253 274367