DoLS Questions and Answers
Below are some questions and answers to provide information on Deprivation of Liberty Safeguardings
Why was the Mental Capacity Act Deprivation of Liberty Safeguards introduced?
To safeguard vulnerable people, uphold their rights, and prevent further breaches of the European Convention on Human rights.
When did the Deprivation of Liberty Safeguards (DoLS) come into force?
1st April 2009.
Who do the DoL Safeguards protect?
Vulnerable adults who may become, or are being deprived of their liberty in a care home or hospital setting. Since 2014 this has extended into supported living.
What is capacity (with reference to the Mental Capacity Act (MCA) 2005)?
The ability to make a decision about a particular matter at the time the decision needs to be made.
Name the five key principles of the MCA.
A person must be assumed to have capacity unless it is established otherwise. A person is not to be treated as unable to make a decision unless all practicable steps to help him/ her to do so have been taken without success. A person is not to be treated as unable to make a decision merely because he/ she makes an unwise decision. An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made in his/ her best interests. Before the act is done, or the decision made, regard must be had to whether the purpose for which it is needed can be effectively achieved in a way that is less restrictive of the person’s rights and freedom of action. (MCA Code of Practice, Chapter 2).
How can you test a person’s mental capacity?
By following the 2 stage mental capacity test.
What is a deprivation of liberty?
It is a term used in the European Convention on Human Rights about circumstances when a person’s freedom is taken away. Its meaning in practice is being defined in case law.’ (MCA Code of Practice).
A person may be deemed to be deprived of their liberty if they lack capacity to consent to where to reside and receive care and are subject to continuous supervision and control and are not free to leave within the meaning of the acid test described in P v Cheshire West & Chester Council; P & Q v Surrey County Council [2014] UKSC 19.
Why do social and health care staff need to keep accurate records when making decisions on behalf of a person who lacks capacity to do so?
To evidence that the proper process has been followed under MCA and DoLS, to justify decisions and actions, and to provide legal protection for the vulnerable person concerned and for those acting on her/his behalf.
Name the six requirements to be eligible for DoLS
The age requirement, the mental health requirement, the mental capacity requirement, the best interest’s requirement, the eligibility requirement, the no refusals requirement.
What is a DoLS authorisation?
The authorisation gives permission to the care home or hospital concerned to deprive the relevant person of their liberty in his/her best interests.
Who can carry out a DoLS assessment?
A minimum of two professionals will be involved. A Best Interest Assessor who will be either a registered social worker, nurse, occupational therapist, or psychologist, who has the necessary skills and experience, and a Section 12 approved medic.
Who is the relevant person?
The relevant person is the term used in the Act for the person/patient/service user concerned who is deprived of their liberty.
What is the role of the relevant person’s representative (RPR)?
The role of the RPR is to maintain contact with the relevant person, and to support and represent the person regarding DoLS matters. They may also be required to support the relevant person in appealing a DoL.
Who should you contact regarding a possible deprivation of liberty occurring in a care home or hospital setting?
The DoLS team.