The role and responsibilities of the Supervisory Body are outlined in the Code of Practice for DoLS (2008). In England the SB is most commonly the Local Authority, but could also be the Primary Care Trust. Meanwhile in Wales the SB will be either the Local Health Board or Welsh Ministers.
Under DoLS, the Managing Authority (MA) is the nursing/care home or hospital providing (or going to provide) care and treatment for the relevant person. The responsibilities of the MA are outlined within the Code of Practice for DoLS (2008) and expanded on through Court of Protection (CoP) case law.
These documents require that the Managing Authority carry out its responsibilities with due care and diligence, with appropriate consultation. All decisions and actions taken should be fully documented as part of professional best practice.
Legal terminology can often be confusing and hard to understand. In this blog, we explain some of the key terms and roles related to the…
NHS Digital has published national statistics for DoLS cases for the period April 2022 to March 2023. The report reveals that:
In Mental Capacity law, a rule 1.2 representative (or ‘1.2 rep’) performs a similar role to a Relevant Person’s Representative (RPR), but in a community setting.
The process for assigning a 1.2 rep is slightly different to that of an RPR. This is because community DoLS authorisations are authorised through the Court of Protection, and not by the Local Authority DoLS office, as is the case in hospital and care home settings. And so a 1.2 rep will be identified and allocated through this process by those applying and agreed by the Court.
A rule 1.2 representative is required when a Community Deprivation of Liberty Safeguards (DoLS) order is put in place. If the individual does not have an appropriate close friend or relative who is independent of their care and treatment to act as their rule 1.2 representative, then an independent advocate or paid representative may be required.
Deprivation of Liberty Safeguards (DoLS) is a vital safeguarding process designed to prevent unlawful detention and disproportionate restrictions placed on individuals. It also protects human rights and places the individual at the centre of their care, where no one size fits all.
Serious incidents such as those at Winterbourne View Hospital and Whorlton Hall are sadly not a thing of the past. Warnings have been shared from various sources regarding the lack of appropriate support for adults with learning disabilities, leaving many locked away in contravention of their Human Rights.
In simple terms a deprivation can be described as a restriction, while a deprivation of liberty is a restriction on everyday living. The Mental Capacity Act enacts vital safeguards and protections an individual who can not consent to their care and treatment is is deprived of said liberties. It protects the individual through upholding their rights, monitoring any form of restriction in place and striving to ensure these are proportionate, justifiable and the least restrictive option. In today’s blog, we consider what these restrictions may include, and the importance of keeping the individual’s voice at the heart of any Best Interest decision.
There have been a number of high-profile Court of Protection (CoP) cases this year on the subject of DoLS placement and provisions. These cases each raise questions around the least restrictive option for the individual, what classes as ‘best interest’, and what do we mean by proportionate, reasonable and justifiable care.