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DOLS Deprivation of Liberty Safeguards

DOLS Deprivation of Liberty Safeguards. Background. Deprivation of Liberty Safeguards(DOLS) Came into force April 2009 as amendment to MCA 2005 Purpose: Safeguard people in care homes and hospitals that are deprived of their liberty and lack capacity to consent to their management.

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DOLS Deprivation of Liberty Safeguards

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  1. DOLSDeprivation of Liberty Safeguards

  2. Background • Deprivation of Liberty Safeguards(DOLS) • Came into force April 2009 as amendment to MCA 2005 • Purpose: Safeguard people in care homes and hospitals that are deprived of their liberty and lack capacity to consent to their management

  3. What are the safeguards?

  4. Cheshire West Case • Involved 3 young people whose learning Learning disabilities mean that they require high levels of supervision and control to ensure they receive the care the need • One was in a small care home , one in supported housing and one was in adult fostering placement. • Gave a clearer definition of what a deprivation of liberty might be

  5. What is a deprivation of liberty? Two key questions: 1.Is the person subject to continuous supervision and control? 2.Is the person free to leave?

  6. What is not relevant • Compliance or lack of objection to this is irrelevant • Relative normality of the placement is irrelevant • The reason or purpose behind a particular placement ‘A gilded cage is still a gilded cage’

  7. How does the process work • Hospital /care home managers identify those at risk of deprivation of liberty • Assessment carried out by a best interest assessor and mental health assessor • If request accepted then DOLS authorised and implemented by Hospital/care home • Alternatively if authorisation denied then an immediate review and amendment of care plan required.

  8. How does the process work

  9. Implication for practise Not the responsibility of hospital doctor, G.P etc to initiate DOLS assessment however… Good practise to have knowledge of DOLS process and to be aware of the possibility some patients may need a DOLS application The death of a person subject to DOLS requires coroners investigation.

  10. Practical Implications • External scrutiny of care • However 74% increase in number of DOLS application = Money + Resources

  11. Summary • DOLS safeguards people with mental illness who lack capacity • Can be logistically difficult • Clinicians can identify those we feel may need safeguarding

  12. Bibliography Adult Social Care Statistics Health and Social Care Information Centre . Information and Guidance for the Deprivation of Liberty Safeguards (DoLS), under the Mental Capacity Act 2005 Return. UK: Health and Social Care Information Centre; 2014. http://www.hscic.gov.uk/media/11581/DoLS-Guidance-2013-14/pdf/Deprivation_of_Liberty_Safeguards_Return_2013-14_Guidance_v3.6.pdf (accessed 8 July 2014). Sheffield City Council. Deprivation of Liberty Safeguards. https://www.sheffield.gov.uk/caresupport/adult/adult-abuse/professionals/mcadols/deprivation-of-liberty.html (accessed 8 July 2014). Health and Social Care Information Centre. Mental Capacity Act Deprivation of Liberty Safeguards Collection. http://www.hscic.gov.uk/dols (accessed 08 July 2014). P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents)and P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) [2014]UKSC19 Leeds City Council. Deprivation of Liberty Safeguards (DoLS) Frequently Asked Questions. http://www.leedssafeguardingadults.org.uk/documents/dols/dols_faqs_for_web.pdf (accessed 8 July 2014).

  13. Cornwall Council, Cornwall and Isles of Scilly NHS. Deprivation of Liberty Safeguards (DOLS). Cornwall: Cornwall Council; no date. http://www.cornwall.gov.uk/media/3640567/Master-DOLS-APPENDIX6.pdf (accessed 8 July 2014). Gloucestershire Safeguarding Adults Board. Deprivation of Liberty Safeguards Information Sheet . Gloucestershire: Gloucestershire Safeguarding Adults Board; 2013. http://www.gloucestershire.gov.uk/mobile/CHttpHandler.ashx?id=53696&p=0 (accessed 8 July 2010). Department of Health. Deprivation of Liberty Safeguards Funding Factsheet. https://www.gov.uk/government/publications/department-publishes-deprivation-of-liberty-safeguards-funding-factsheet (accessed 8 July 2014). Cambridgeshire County Council, Cambridge and Peterborough NHS Foundation Trust. MENTAL CAPACITY ACT DEPRIVATION OF LIBERTY SAFEGUARDS MULTI-AGENCY SUMMARY GUIDANCE . Cambridgeshire: Cambridgeshire County Council; 2009. file:///C:/Users/Talhah/Downloads/Mental_capacity_act_and_deprivation_of_liberty_multi_agency_summary_guidance.pdf (accessed 8 July 2014).

  14. Questions?

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