Deprivation of Liberties Safeguards (DoLS)
The Mental Capacity Act 2005 has been amended by the Mental Health Act 2007 to introduce the Deprivation of Liberty Safeguards (DoLS) from April 2009.
These safeguards relate to adults who are 18 years or over and who are being cared for in registered care homes or hospitals, who have a mental disorder and lack the mental capacity to consent to their care or treatment plan and to whom care or treatment has to be given in such a way that it amounts to a "deprivation of liberty" for that person.
From April 2009, anyone managing a care home or hospital who thinks that someone is having to be cared for in a way that deprives them of their liberty will have to apply to the local authority (in the case of care homes) or the Primary Care Trust (in the case of hospitals) for the deprivation of liberty to be legally authorised. The local authority or the primary care trust will be responsible for arranging for the person to have a number of assessments before deciding whether or not to grant that authorisation.
One of these assessments will be a 'best interests' assessment to establish if the care or treatment does amount to a deprivation of liberty, and if so if it is in the person's best interests and necessary to prevent harm to them. This assessment will have to be carried out by a specially trained best interests assessor (BIA). This person is independent of any planning or decision-making about the person's care or treatment.
Relatives and other people close to the person will need to be consulted. In some circumstances a special advocate may have to be involved or a paid representative appointed, or both. If the deprivation of liberty is authorised, this will be for a specified and limited period of time, after which the situation has to be reassessed if the deprivation of liberty is to continue to be lawful.
For more information
Department of Health briefing sheet on DoLS
Deprivation of Liberty Safeguards: A guide for relevant person's representatives
Mental Capacity Act 2005 Deprivation of Liberty Safeguards: A guide for family, friends and unpaid carers
Deprivation of Liberty Safeguards in Hackney
What can I do if I believe that someone is being deprived of their liberty without authorisation within a care home or hospital?
1. If you believe that someone within a care home or hospital is being deprived of their liberty without authorisation, you may request that a standard authorisation takes place. In the first instance, please write to the relevant hospital or care home where the person is resident. You can use this standard letter Deprivation of Liberty letter - one (Word, 40KB)
2. If you have contacted the relevant care home or hospital and have not received a satisfactory response, you may write to the DoLS office (please see details below) highlighting your concerns using the following standard letter. You can use this standard letter Deprivation of Liberty letter - two (Word, 26KB)
What if I (or someone I know) am subject to a Deprivation of Liberty authorisation and I wish for the authorisation to be reviewed?
3. If you are currently subject to a Deprivation of Liberty authorisation and wish to have this reviewed, please write to the DoLS office (details on top-right of this page). You can use this standard letter Deprivation of Liberty letter - three (Word, 24KB)
4. Alternatively if you are a relevant person's representative and wish to request a review of a standard authorisation that has been issued, you may use use this standard letter Deprivation of Liberty letter - four (Word 26KB) and forward to the DoLS Office (details on top-right of this page).
IMCA Support and Briefings
PoHwer IMCA are available for consultation and guidance for all care homes in Hackney or to come and present to your team on their role and responsibilities, please contact them direct to arrange a visit Pohwer or they can be contacted on: 0300 456 370.
Page updated: 6 Oct 2010
.