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Useful information and training regarding the Deprivation of Liberty Safeguards and links for care homes and hospitals to apply for one.
The Deprivation of Liberty Safeguards, or DoLS, come under the Mental Capacity Act. They currently apply to people living in hospitals, care homes and nursing homes. The law says that no one should be deprived of their liberty unless this has been done through a process prescribed by law and that they have access to a right of appeal. The DoLS are necessary to make sure that any deprivation of liberty is lawful.
Definition of a deprivation of liberty, often referred to as the "Acid Test", must be met for the person to be considered to be deprived of their liberty. The Acid Test looks at the following:
If the answer to all of these questions is "yes" then the person is being deprived of their liberty and this should then be authorised by the local authority (also referred to as the Supervisory Body). The hospital or care home (also referred to as the Managing Authority) should make an application for a deprivation of liberty safeguards authorisation and, where possible, this should be done in advance of the person moving to the placement.
For further information, please see SCIE - Deprivation of Liberty Safeguards at a glance.
The Law Society has issued comprehensive guidance on the law relating to the deprivation of liberty safeguards.
The safeguards aim to ensure that those who lack capacity and are residing in care home, hospital and supported living environments are not subject to overly restrictive measures in their day-to-day lives.
The guidance was commissioned by the Department of Health and aims to help solicitors and frontline health and social care professionals identify when a deprivation of liberty may be occurring in a number of health and care settings. It uses case scenarios to explain the law, following the landmark judgement of the Supreme Court in the case of Cheshire West (2014).
Quick reference sheets included in the guidance also highlight relevant liberty restricting factors and key questions for practitioners relating to each individual setting.
Our last conference was held on the 18th February 2020 at Thomas Hardye School in Dorchester: 11th Annual Mental Capacity Conference this conference celebrated 11 years of the MCA.
You can request an initial Urgent Deprivation of Liberty Safeguards (7 days), Request a Standard Authorisation or a Further Standard Authorisation and 7 day Urgent Extension online.
These guidance notes on how to submit an online DoLS request will help you set up an initial profile.
It's important to ensure that you apply to the correct local authority. There are a few rules to ensure you select the correct one:
online referral for Bournemouth and Christchurch - for any queries relating to this referral please call 01202 451657
online referral to Dorset Council - for any queries relating to this referral please call 01305 225650
online referral for Poole for Poole - for any queries relating to this referral please call 01202 633851
online urgent DoLS extension request for Bournemouth and Christchurch - for any queries relating to this extension request please call 01202 451657
online urgent DoLS extension request to Dorset Council - for any queries relating to this extension request please call 01305 225650
online urgent DoLS extension request for Poole- for any queries relating to this extension request please call 01202 633851
If you are a Managing Authority for example a care home or hospital, use the forms below to request a standard or urgent Deprivation of Liberty Safeguards.
Useful Mental Capacity Act forms for people working in the health and social care sector.
Best Interests balance sheet - this is very helpful to weigh up the social, ethical, medical, emotional and welfare needs of the person in order to make a significant 'best interest' decision when they lack capacity.
Capacity Assessment - Form A - this is a Dorset form to help complete and document whether a person has the capacity to make a specific decision.
Best Interests - Form B - another Dorset form to help complete and document a 'best interests' decision for someone lacking capacity.