Deprivation of Liberty Safeguards
Some people living in hospitals and care homes can't make their
own decisions about their treatment and/or care because they lack
the mental capacity to do so. They need more care and protection
than others to ensure they don't suffer harm. Treating and caring
for people who need extra protection may mean restricting their
freedom to the point of depriving them of their liberty.
The European Court of Human Rights has said that the rights of
people who can't make decisions and who need to have their liberty
taken away in hospitals and care homes must be strengthened.
A person's liberty should not be taken away if it can be
avoided, and never without a proper procedure being followed or the
right to appeal.
The Mental Capacity Act 2005 has now led to the introduction of
the Deprivation of Liberty Safeguards (DoLS). The Safeguards became
law on April 1st 2009. They protect people who cannot
make decisions about treatment or care, for example, some people
who have dementia, a mental health problem or a severe learning
disability. The law says the DoLS must be used if people need
to have their liberty taken away in order to receive treatment and
care that is in their best interests and protects them from harm.
Failure to follow the DoLS procedures could lead to staff acting
unlawfully.
The Safeguards provide an independent assessment process for
people who may need to be deprived of liberty in order to be looked
after and kept safe. This assessment can establish that such
care is indeed a deprivation and is necessary, setting out how it
should be provided. Alternatively it identifies other ways to
provide care which do not restrict so heavily, making further use
of DoLS unnecessary.
The Council and NHS have worked together to set up a new
Deprivation of Liberty Safeguards Team. This team is responsible
for arranging assessments that are needed before any deprivation is
authorised.
Information for Managing Authorities
Worcestershire County Council Adult Protection Team have created
the Advice Guide to the Deprivation of Liberty
Safeguards. This is to help hospital staff and care
home managers to better understand the purposes and the process of
the Safeguards. This explains the steps to take before,
during and after making a request for assessment under the
Safeguards.
Advice Guide to the Deprivation of Liberty Safeguards
The Deprivation of Liberty Safeguards Code of Practice contains
official guidance on your obligations, and the DoLS Forms and
Record Keeping Guide for Managing Authorities in England and the
forms themselves contain important information on steps you must
take. We hope you find the information useful. We value
any feedback on the content of these pages.
Introduction
The DoLS Code of Practice was written before the forms were
designed so it is highly advisable to refer to both this and the
DoLS Forms and Record Keeping Guide for Managing Authorities in
England. The following summary is a not intended a substitute
for a full reading of the Code and Guide, but incorporates pointers
and advice to help the completion of the forms and generally make
the Request for Standard Authorisation process run more
smoothly.
which contains the following guidance:
- Before You Start.
- Ensuring use of the Safeguards is the Correct Step
- Issuing Yourself an Urgent Authorisation
- Asking for an Urgent Authorisation to be extended
- Making a request for a Standard Authorisation
- The Granting of a Standard Authorisation
- When a Request for Standard Authorisation is Declined
- When a Standard Authorisation is in Place – Renewal
- When a Standard Authorisation is in Place – Review
- Unauthorised Deprivation of Liberty
- How to Submit a Form
See the Forms, Links and Information page for form
downloads.
Contact Us
If you have difficulty submitting a form, please contact the
Access Centre in the first instance, on 01905 768058.
The fax number for care home and hospital staff to submit forms
is
01905 768056.
If you have questions or queries about DoLS please do not
hesitate to contact the DoLS Team directly.
DoLS@worcestershire.gov.uk
Adult Protection Team
Adult and Community
Services
County Hall
Spetchley Road
Worcester
WR5 2NP
Tel: 01905 822624
This page was last reviewed 10 February 2012 at 14:34.
The page is next due for review 8 August 2013.