The Deprivation of Liberty Safeguards provide additional protection for adults living in care homes or hospitals who do not have the capacity to make decisions in respect of their care, treatment, and/or accomodation.

The Deprivation of Liberty Safeguards (DoLS) were introduced into the Mental Capacity Act 2005 by the Mental Health Act 2007 and have been in force since April 2009.

The City of Wolverhampton Council are the designated Supervisory Body for DoLS referrals for all persons with ordinary residence in the Wolverhampton area.

Deprivation of Liberty Safeguards (DoLS) provide additional protection for adults living in care homes or in hospitals who do not have the capacity to make decisions for themselves about their care or treatment, but do not fall under the remit of the Mental Health Act or the Court of Protection.

There is a legal requirement under DoLS for the Managing Authority (the care home or hospital) to apply to the Supervisory Body (City of Wolverhampton Council) for a person to be assessed where they believe that they need to be deprived of their liberty to prevent them from harm.

The Supervisory Body arranges for a team of assessors to complete six separate assessments to ensure the proposed deprivation is in the person's best interests and that all requirements are met.

Age - the person to be deprived must be over 18 years old.

Eligibility - the case and person must be eligible for the DoLS legislation (i.e. not sectionable under the Mental Health Act, or requiring intervention by the Court of Protection).

Mental Health - the person to be deprived must have a diagnosis of a mental health disorder.

No refusals - the proposed deprivation must not conflict with an advanced decision or lasting power of attorney.

Mental Capacity - the person to be deprived must lack the capacity to make an informed decison in respect of the proposed deprivation.

Best Interests - the proposed deprivation must be both in the persons best interests, and the least restrictive option available.

Only if all six assessments agree will deprivation of liberty be granted, authorisations will be granted for the minimum time necessary, up to a maximum of 12 months, at which point the case will require reassessment.

If the authorisation is declined, the Managing Authority must find alternative, less restrictive ways to carry out the treatment or care.

 

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