Deprivation of Liberty Safeguards (DoLS) Applications for Professionals
DoLS relate to people who are aged 18 years or over, who lack mental capacity and who need to be in a care home or hospital for their treatment or care. If the person is not free to leave and is under continuous supervision and control, then a DoLS authorisation may be required. A managing authority which is a care home or hospital can apply for DoLS.
Points for the managing authority to consider before applying for DoLS
| Number | Question | If answered "No" | If answered "Yes" |
|---|---|---|---|
| 1 | Do you believe they lack capacity to consent to their accommodation and care? | No application can be made | Application may be made |
| 2 | Is it possible that they will need to be deprived of liberty within 28 days? | Reconsider when reviewing care | Application may be required |
| 3 | Is the person 18 years of age or older (or going to turn 18 within 28 days)? | No application can be made | Application can be made |
| 4 | Is the person liable to be detained under the Mental Health Act 1983, or subject to conditions of mental health treatment that conflict with the application? | Application may be made | Application cannot be made |
| 5 | Will the person be incapacitated or accommodated for more than a few days? | Application should not be made | Application can be made |
| 6 | Will it be necessary to care for the person in a way that could deprive them of liberty, immediately? | Apply for standard authorisation now, and... | ... grant urgent authorisation |
Your responsibility
- ensure all care planning includes whether the person has capacity to consent to their care and treatment, including any restrictions and restraints placed on them
- ensure the relevant people involved in the person care are aware of the decision and that records are updated
- ensure any recommendation regarding changes to care practice are carried out
- keep the situation under constant review if the level of restriction/restraint is increased consider again whether or not the circumstances could result in a deprivation of liberty
If DoLS is authorised you should
- comply with any conditions attached to an authorisation
- monitor whether the relevant persons representative maintains regular contact – Inform the supervisory body (Local authority who completed the DoLS authorisation) if you have any concerns
- involve the Representative in any decision which needs to be made about the persons care
- inform the supervisory body of any change in circumstances where a review of the current authorisation may be required
- before the current authorisation expires, consider whether a further DoLS authorisation will be required; the request for this should be submitted 28 days before expiry date
- keep clear records for governance and inspection
- inform CQC about the authorisation