These safeguards apply to people aged 18 and over in hospitals or care homes that lack the mental capacity to agree to be there. People likely to be affected are those with learning disabilities, or elderly people with dementia, but also a minority of other people who lack capacity to consent to where they receive care or treatment.
Key features
- Hospitals and care homes have to identify the restrictions that they need to have in place to keep someone safe.
- If these restrictions (when added together) amount to a deprivation of liberty the hospital or care home must request an authorisation from the supervisory body.
- The supervisory body is the Local Authority for a care home or the Primary Care Trust for a hospital.
- It is unlawful for a hospital or care home to deprive a person of liberty without obtaining an authorisation.
What is a deprivation of liberty?
Deprivation of liberty is very hard to describe. Many people in hospitals and care homes may have their liberty restricted but not all will be deprived of their liberty. The following factors need to be considered:
- Are professionals in control of assessment, care, treatment, contacts, movement and residence?
- Is the person will be under constant supervision and control and not free to leave?
- Is restraint used including sedation?
- Would the person be prevented from leaving if they tried to do so?
- Would carers be allowed to take the person into their care?
- Can the person keep up their social contacts?
- Does the person have choice about their life in the home or hospital?
Deprivation of liberty in other settings
A deprivation of liberty can happen in any setting, someone could be cared for in their own home in circumstances that are the same as described above or this could happen in supported housing. The safeguards cannot be used to authorise this practice. If a deprivation is taking place and the person is not in a hospital or care home then only the Court of Protection can decide whether this is lawful or not.
Help and advice
Shropshire Council DoLS Team has produced a checklist of types of restrictions to help care homes and hospitals make decisions about deprivation of liberty. The checklists can be downloaded below.
A poster to guide you through the process is also available for care homes and hospitals by contacting the team.
Training is available by following the link on this page.
If in doubt please pick up the phone and contact the DoLS Team on 01743 255850.
Code of Practice
A copy of the Deprivation of Liberty Code of Practice can be downloaded by using the link on this page.
The Shropshire DoLS Team have updated the forms that are required to make applications. The updated versions can be found below.