MCA and DoLS

DoLS ensures people who cannot consent to their care arrangements in a care home or hospital are legally protected if those arrangements deprive them of their liberty. Arrangements are assessed to check they are necessary and, in the person’s best interests. Representation and the right to challenge deprivation are other safeguards that are rights afforded to people safeguarded under the DoLS.

A Supreme Court judgement in March 2014 made reference to the 'acid test' to see whether a person is being deprived of their liberty, which consisted of two questions:

• is the person subject to continuous supervision and control? and
• is the person free to leave? – with the focus, the Law Society advises us, being not on whether a person seems to be wanting to leave, but on how those who support them would react if they did want to leave

Who should apply for a DoLS?

The Deprivation of Liberty Safeguards (DoLS) can only apply to people who are in a care home or hospital. This includes where there are plans to move a person to a care home or hospital where they may be deprived of their liberty. The care home or hospital is called the managing authority in the Deprivation of Liberty Safeguards.

Where a managing authority thinks it needs to deprive someone of their liberty, they have to ask for this to be authorised by a supervisory body. They can do this up to 28 days in advance of when they plan to deprive the person of their liberty.

For care homes and hospitals, the supervisory body is the local authority where the person is ordinarily resident. Usually this will be the local authority where the care home is located unless the person is funded by a different local authority.

How to make a DoLS application

The DoLS referral forms can be found here: https://www.gov.uk/government/publications/deprivation-of-liberty-safeguards-forms-and-guidance

To make a referral please email this address: LibertyAdmin@southend.gov.uk