DoLS Guidance for Managing Authorities

Managing Authorities (care homes and hospitals) have a duty to provide care within the provisions of the Mental Capacity Act, ensuring any decisions made on behalf of a person who lacks capacity are in their best interests and achieved in a way that is least restrictive of the person’s rights and freedom. If these care arrangements amount to a deprivation of liberty managing authorities must ensure they are not unlawfully depriving a person by failing to make an application for a Safeguards authorisation.

It is only lawful to deprive a person of their liberty under the Safeguards, where the care arrangements have been independently assessed and deemed necessary in the person's best interests to protect them from harm and is a proportionate response to the likelihood and seriousness of that harm.

In the absence of a formal application for authorisation, the DoLS Team are unable to advise with certainty whether or not a person’s circumstance or care regime amounts to a deprivation of liberty; however, we will do our best to signpost or provide information that will assist in the assessment and decision process.

Deciding when to make an Application for DoLS

The application process

If the Managing Authority identify that a person may be deprived of their liberty, the relevant application should be made to the Supervisory Body at the address below, utilising the instructions provided with each form.

Managing Authorities must familiarise themselves with the information regarding who to inform that an application for deprivation of liberty has been made.

(Deprivation of Liberty Code of Practice ch3, p34).

Please make all efforts to obtain a hard copy of the Code of Practice and make it accessible to all staff.

The forms are designed to collect relevant and valid information and must be completed fully to meet data requirements. Managing authorities must provide the information requested in sufficient detail to avoid delays in the application process.

Combined form 1&2

To be used if a managing authority needs to give itself an urgent authorisation to deprive a person of their liberty for a maximum of seven days; to be submitted in conjunction with the request for a standard authorisation. The urgent authorisation is extendible by a further seven days by request from the managing authority; only if there is a risk that the urgent authorisation will expire before the standard authorisation can be granted.

Form 2

This form is used to request a subsequent standard authorisation where an existing authorisation is coming to an end; and the continuation of the person’s care regime will constitute a deprivation of their liberty. This should be submitted 28 days prior to expiration of the current authorisation.

Form 7

This form is used to notify the Supervisory Body that a standard authorisation should be suspended because the person ceases to meet the deprivation of liberty eligibility requirements, and is for example, admitted to hospital and detained under the Mental Health Act for no longer than 28 days. The Managing Authority must inform the Supervisory Body that the person has returned within 28 days so the authorisation can resume. If the person does not return within the 28 days the authorisation will be terminated. A suspension is not necessary if a person is admitted to hospital for physical health reasons and a new DoLS authorisation has not been requested by another Managing Authority.

Form 10

To be used to request a review of a standard authorisation from the Supervisory Body. This request can be raised by the Managing Authority, the Relevant Person Representative or the Supervisory Body may choose to conduct a review if they believe the person may no longer meets the requirements for a DoLS authorisation; or the situation has changed and needs to be reviewed.

Form 12

To be used to notify the Coroner of the death of the person in care who is currently subject to a deprivation of liberty, urgent or standard authorisation. The Supervisory Body (Doncaster Council DoLS Team) also need to be informed of the death as soon as possible in order that the DoLS authorisation can be terminated; so a copy of this notification form should also be sent to dols@doncaster.gov.uk

For further advice and support contact the:

Deprivation of Liberty Safeguards Team
Safeguarding Hub
Mary Woollett Centre
Danum Road
Doncaster
DN4 5HF

Telephone: 01302736097
Email: Dols@doncaster.gov.uk 

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Last updated: 04 May 2021 08:19:34