Deprivation of Liberty Safeguards
Explaining the Deprivation of Liberty Safeguards
In April 2009, amendments to the legislation
covering the support and care of people who lack mental capacity
(The Mental Capacity Act 2005) came into force.
These amendments are known as the Deprivation of Liberty
Safeguards (‘DOLS’) and introduce new responsibilities and legal
duties on registered care homes and hospital in-patient services.
DOLS
also
impose new requirements of local authorities and primary care
trusts.
The Deprivation of Liberty Safeguards concern individuals in
hospitals and care homes who may need to be deprived of their
liberty in order to protect them from serious harm.
DOLS
do not apply if a
person is detained in hospital under the Mental Health Act 1983.
However, they do apply if a person is subject to Section 7 of the
Mental Health Act (Guardianship).
The new roles under DOLS - the managing authority
Under
DOLS
, registered care
homes and hospitals are called ‘managing authorities’. Care homes
and hospitals have responsibility for preventing unnecessary
deprivations of liberty. They must also recognise if a person is
deprived of their liberty or if a deprivation of liberty is likely
to happen.
Like other health and care providers, care homes also have a
responsibility to promote the independence of each person in their
care and to support them in their choices.
Care homes will need to provide additional support to residents
who lack the mental capacity to make a decision for themselves.
Where they believe a person in their care may be deprived of their
liberty, care homes and hospitals are responsible for granting
themselves an ‘urgent authorisation’ and applying to the relevant
local authority or primary care trust for a ‘standard
authorisation’, using the standard forms available from the
Department of Health. Details of all the forms and the process to
follow can be found in the
DOLS
Leaflet for Managing Authorities in Cheshire East (PDF,
103KB).
Training
There is training available, both half day and full day sessions
on
DOLS
. It
is strongly recommended that all care home managers and senior
staff attend a training session to understand their new statutory
duties under this law.
Email Sandie
Morris for training dates and to book onto a course.
How to find out more
The Leaflet
for Managing Authorities in Cheshire East (PDF, 103KB).has been
prepared to help with the new role for care homes in relation to
DOLS
.
Alternatively you can contact the
DOLS
Office if you have
any queries, All referrals should be made to the
DOLS
Administrator.
Telephone: 01244 973662
Fax: 01244 385153
Email: Lee
Calvert or Sandra
Edwards .
