In July 2018, the government published a Mental Capacity (Amendment) Bill, which passed into law in May 2019. It replaces the Deprivation of Liberty Safeguards (DoLS) with a scheme known as the Liberty Protection Safeguards (although the term is not used in the Bill itself).
What is a DoLS in mental health?
This factsheet looks at the Deprivation of Liberty Safeguards (DoLS). These relate to people who lack the mental capacity to make decisions about their care and treatment, and who are deprived of their liberty in a care home or hospital.
Can treatment be given under DoLS?
DoLS is nothing to do with medical treatment. You can only be given medical treatment against your will if you lack capacity to make a decision about a specific treatment. If you have capacity to make the decision, then your consent is required before you can be given the treatment.
When should a DoLS be put in place?
The Deprivation of Liberty Safeguards is the procedure prescribed in law when it is necessary to deprive of their liberty a resident or patient who lacks capacity to consent to their care and treatment in order to keep them safe from harm.
How long does a DoLS last in hospital?
A survey of hospitals showed that the number of staff who sign applications, and urgent authorisations to deprive people of their liberty for up to seven days ranges from one or two to over 100 per hospital.
How long does a deprivation of liberty last?
A DoLS authorisation by a Local Authority will last for a maximum of 12 months and can be renewed after that following a review.
What does deprivation of liberty mean?
Deprivation of liberty means taking someone’s freedom away. On 19 March 2014 a Supreme Court judgement decided that someone is deprived of their liberty if they are both ‘under continuous supervision and control and not free to leave’.
Who is the supervisory body for DoLS?
The role of the local authority to act as a supervisory body for DoLS imposes upon it a more general duty to act as a human rights champion for those adults who might lack capacity to agree to actions taken by others.
Can DoLS be lifted?
Deprivation of liberty can be ended at any time before the end date set in the authorisation. This should happen if the care home or hospital believes the deprivation of liberty is no longer necessary. In that case the managing authority should apply to the supervisory body to review the authorisation – form 10.
What is the difference between DoLS and LPS?
DoLS have always ensured people who cannot consent to their care arrangements in a care home or hospital are protected if those arrangements deprive them of their liberty. LPS have the same goals, but with some streamlining to make the system run a little more smoothly.
How is a DoLS put in place?
Once a deprivation of liberty is approved
If a deprivation of liberty has been allowed by the local authority or local health board, this is called ‘authorisation’. The person with dementia is said to be ‘under DoLS’. Even after authorisation, there are still important safeguards to make sure that they are protected.
Can someone with capacity be sectioned?
Mental Health Act 1983 (MHA)
This is a law that applies to England and Wales which allows people to be detained in hospital (sectioned) if they have a mental health disorder and need treatment. You can only be kept in hospital if certain conditions are met. See our pages on the Mental Health Act for more information.
Can someone be detained under the Mental Capacity Act?
For the most part the Mental Health Act (MHA) applies to people that need assessment and treatment for mental disorders but who cannot or do not consent to admission to hospital and treatment for those purposes. Use of the MHA allows people to be compulsorily detained and treated.
What is your understanding of a deprivation of liberty give an example?
For example, a care home or staff in a hospital may stop the person from walking around at night or leaving the building, or give them medications that may affect their behaviour. Sometimes, taking away a person’s freedom in this way is defined in law as a ‘deprivation of liberty’.
What are the five key principles of the Mental Capacity Act?
The five principles of the Mental Capacity Act
- Presumption of capacity.
- Support to make a decision.
- Ability to make unwise decisions.
- Best interest.
- Least restrictive.
What’s another word for deprivation of liberty?
deprivation of freedom; apprehension; arrest; capture; detention; deprivation of liberty; physical force.
When can there be deprivation of liberty?
Deprivation of liberty means taking someone’s freedom away. A recent Supreme Court judgement decided that someone is deprived of their liberty if they are both ‘under continuous supervision, and control and not free to leave‘.
Can you appeal a DoLS?
The representative can also appeal against the DoLS authorisation, and should do so where the person under DoLS disagrees with it, even if they themselves do not.
What does a DoLS representative do?
An overview of the MCA DOLS process can be found in the Appendix on page 27. Who can be an RPR? In general, a relevant person’s representative is a friend or family member who will ensure that the rights of a person being deprived of their liberty are protected.
What is the key element of the DoLS safeguards?
The key elements are:
That the representative is given the right to challenge the deprivation through the Court of Protection. That the representative is able to protect the person’s rights by maintaining regular contact. That the deprivation is reviewed and monitored regularly.
What are the six assessments required by DoLS?
The DoLS assessment makes sure that the care being given to the person with dementia is in the person’s best interests. There are six parts to the assessment: age, mental health, mental capacity, best interests, eligibility and no refusals.
How long can a short term detention in hospital last?
If a person who lacks capacity is in hospital, the authorisation is called a short term detention. Two professionals will look at the case and can authorise a deprivation of liberty for 14 days which can be extended for another 14 days.
Are DoLS transferable?
The government has confirmed that for up to a year the DoLS system will run alongside the LPS to enable those subject to DoLS to be transferred to LPS in a managed way.