Age UK report: Older people and DoL in care homes
Age UK has published a report expressing concerns about the way Deprivation of Liberty Safeguards is being enacted in England and Wales. The report calls…
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DoLS
Community DoLS (c-DoLS)
Under Article 5 of the Human Rights Act, every person has the right to liberty and security. However, there are certain circumstances in which it may be necessary to deprive/restrict someone of their liberty in order to protect them should they not have the capacity to consent to their treatment or care at a specific placement.
The six key assessments for DoLS
The Code of Practice for DoLS (2008) directs that wherever possible, DoLS authorisations should be applied for in advance of a hospital or care home admission, in order to ensure that appropriate safeguards are in place from day one. As such, a DoLS application should really be made at the point where the individual is assessed prior to admittance, in order that the application be processed in time.
DoLS in focus: The role of the Supervisory Body (SB)
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.
DoLS in focus: The role of the Managing Authority (MA)
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.
Deprivation of Liberty Safeguards (DoLS): key terms and roles
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…
New official statistics for DoLS cases, 2022-23
NHS Digital has published national statistics for DoLS cases for the period April 2022 to March 2023. The report reveals that:
- There were an estimated 300,765 requests for authorisations during 2022-23, up 11% on the previous year
- There were 289,150 authorisations completed in 2022-23, while 126,100 remain uncompleted as of the end of the year
- Of all DoLS applications, 56% of applications were not granted, mostly due to either change of circumstances, misapplication (requiring a community DoLS or Inherent Jurisdiction) or not meeting the assessment criteria
- The statutory 21-day timeframe for authorisations was only met in 19% of cases
The rule 1.2 representative process explained
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.
What is a rule 1.2 representative?
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.
DoLS and the struggling system
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.