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For those of you who support and visit loved ones in hospital or care homes, you may have been asked or informed that they are subject to a DOLS order. DOLS is an abbreviation for “Deprivation of Liberty Safeguards.” Such orders are required when a person lacks capacity to make their own decisions and are required to remain in a place of safety. For obvious reasons care providers are not legally permitted to lock their doors and prevent residents from leaving because this could be deemed to be false imprisonment. However, many care homes and hospital wards do have a locked door policy with only keypad or door entry systems. What many people do not appreciate and indeed some institutions, is that such systems are only legally permitted on the basis of ensuring each individual has been assessed and permission granted to in effect detain a person for reasons granted by an order for their own safety and in their best interests. Where an order is not in place then this would be deemed to be unlawful. The Deprivation of Liberty Safeguards is an amendment to the Mental Capacity Act 2005.
They apply in England and Wales only. The Mental Capacity Act allows restraint and restrictions to be used – but only if they are in a person’s best interests. Extra safeguards are needed if the restrictions and restraints used will deprive a person of their liberty. These are referred to as the Deprivation of Liberty. The current legislation has only permitted such safeguards to be used if the person is in specifi c care settings, notably a care home or hospital. These institutions must seek permission from the Local Authority in order to deprive a person of their liberty. This is referred to as a request for “Standard Authorisation.” There are six assessments which have to take place before a standard authorisation can be granted. If a standard authorisation is given, one likely safeguard is that the person has someone appointed with legal power to represent them. This is called the “relevant person’s representative” and will usually be a family member or friend. Other safeguards include rights to challenge authorisation in the Court of Protection, and access to Independent Mental Capacity Advocates (IMCA). In July 2018 the Government published a Mental Capacity (Amendment) Bill which will see DOLS replaced by the Liberty Protection Safeguards (LPS). The new system comes into effect in April 2022 and therefore it is essential for both care providers and individuals are aware of their rights. There are many signifi cant changes not least that such safeguards will include “any” common setting including the person’s own home. This may include foster homes and residential college placements. The current DOLS only applies to one setting and lapses automatically if the person moves. The new LPS will cover authorisation of different settings, e.g. home and respite care or for planned hospital admission. The current six assessments will be replaced with three assessments under the headings of “Mental Capacity, Mental Decisions, Necessary Client Chilcotts Law File Name 8100 Chilcotts Law Magazine Advert Amend Artworker Proof Stage and Proportionate.” This will make it far easier PRINT to use valid existing assessments such as those carried out for Care Act purposes.
A variety of professionals can now contribute to such assessments and a new role of an Approved Mental Capacity Professional (AMCP) will be created under the new legislation. To protect a person’s rights a pre-authorisation review must take place, they must meet the person whenever there is reason to believe that person does not wish to stay in the proposed setting, and in all cases where the proposed setting is an independent hospital. One key point of note is that the current appointment of a Relevant Person’s Representative (RPR), usually a family member, can also be a paid advocate selected by the local authority to ensure Deprivation of Liberty the person’s wishes and feelings are paramount and to support the person and help them to Safeguards Orders challenge the authorisation. From April 2022 this will become an “Appropriate What they are and how they work Person” and must never include payment. The responsible body could also be a local authority or NHS body when arranging this process. What this means is that families need to be informed and vigilant of their rights and knowledge of the revised legislation as potentially many more individuals may be subject to such restraints. Seeking advice and support may become increasingly necessary to ensure a person’s human rights under Article 5 of the Human Rights Act. The Act states, “Everyone has the right to liberty and security of reason. No one shall be deprived of his or her liberty (unless) in accordance with a Procedure prescribed in Law.”
Should you require any assistance with anything mentioned in this article please do not hesitate to call Anne Reed on 01822 612535.
Anne Finished Size 157x226.5mm Creative Director Modification Date Mike Lane 06/10/16 9:45AM Artwork % Bleed 100% 3mm Anne Reed Solicitor Director Chilcotts Law 10-12 Plymouth Road,
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Residential Conveyancing Commercial Property Company Commercial Litigation Wills, Estate Planning and Probate Lasting Powers of Attorney Deputyship applications Professional appointment of
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Get in touch today:
01822 612535
Need a fast and effective solution to buying or selling your home? Human Rights and Judicial Review Mental Health Law NHS Continuing Healthcare
Assessments and Appeals Social Care Assessments and representation Access to Medical Records Arrangement of Care Provision Health and Welfare Advocacy
“Thank you for all your expert and timely advice. The support and kindness shown throughout such a stressful period was invaluable. Your firm will certainly come with the highest recommendation to our contacts.” Want to leave your affairs in order but not sure where to start? Require a prompt and efficient service to deal with your commercial transactions?
10-12 Plymouth Road, Tavistock, Devon, PL19 8AY info@chilcottslaw.com chilcottslaw.com
Residential Conveyancing Commercial Property Company Commercial Litigation Wills, Estate Planning and Probate Lasting Powers of Attorney Deputyship applications Professional appointment of
Attorneys and Deputies
Get in touch today:
01822 612535
Need a fast and effective solution to buying or selling your home? Human Rights and Judicial Review Mental Health Law NHS Continuing Healthcare
Assessments and Appeals Social Care Assessments and representation Access to Medical Records Arrangement of Care Provision Health and Welfare Advocacy
“Thank you for all your expert and timely advice. The support and kindness shown throughout such a stressful period was invaluable. Your firm will certainly come with the highest recommendation to our contacts.” Want to leave your affairs in order but not sure where to start? Require a prompt and efficient service to deal with your commercial transactions?
10-12 Plymouth Road, Tavistock, Devon, PL19 8AY info@chilcottslaw.com chilcottslaw.com
Residential Conveyancing Commercial Property Company Commercial Litigation Wills, Estate Planning and Probate Lasting Powers of Attorney Deputyship applications Professional appointment of
Attorneys and Deputies
Get in touch today:
01822 612535
Need a fast and effective solution to buying or selling your home? Human Rights and Judicial Review Mental Health Law NHS Continuing Healthcare
Assessments and Appeals Social Care Assessments and representation Access to Medical Records Arrangement of Care Provision Health and Welfare Advocacy
“Thank you for all your expert and timely advice. The support and kindness shown throughout such a stressful period was invaluable. Your firm will certainly come with the highest recommendation to our contacts.” Want to leave your affairs in order but not sure where to start? Require a prompt and efficient service to deal with your commercial transactions?
n Residential Conveyancing n Commercial Property n Litigation n Wills, Estate Planning and Probate n Lasting Powers of Attorney n Deputyship applications n Professional appointment of
Attorneys and Deputies n NHS Continuing Healthcare
Offering tailored, individual legal solutions in the areas of: n Assessments and Appeals n Social Care Assessments and representation n Access to Medical Records n Arrangement of Care Provision n Health and Welfare Advocacy
Offering tailored, individual legal solutions in the areas of:
Residential Conveyancing Commercial Property Company Commercial We can deliver prompt and effective Litigation solutions to all your legal requirements Wills, Estate Planning and Probate Lasting Powers of Attorney Deputyship applications Professional appointment of
Attorneys and Deputies
Need a fast and effective solution to buying or selling your home? Human Rights and Judicial Review Mental Health Law NHS Continuing Healthcare
Assessments and Appeals Social Care Assessments and representation Access to Medical Records Arrangement of Care Provision Health and Welfare Advocacy
“Thank you for all your expert and timely advice. The support and kindness shown throughout such a stressful period was invaluable. Your firm will certainly come with the highest recommendation to our contacts.” Want to leave your affairs in order but not sure where to start?
Require a prompt and Residential Conveyancing efficient service Commercial Property to deal with your commercial Company Commercial Litigation transactions? Wills, Estate Planning and Probate Lasting Powers of Attorney Deputyship applications Professional appointment of
Attorneys and Deputies
Need a fast and effective solution to buying or selling your home? Human Rights and Judicial Review Mental Health Law NHS Continuing Healthcare
Assessments and Appeals Social Care Assessments and representation Access to Medical Records Arrangement of Care Provision Health and Welfare Advocacy
“Thank you for all your expert and timely advice. The support and kindness shown throughout such a stressful period was invaluable. Your firm will certainly come with the highest recommendation to our contacts.” Want to leave your affairs in order but not sure where to start?
Residential Conveyancing Commercial Property Company Commercial Litigation Wills, Estate Planning and Probate Lasting Powers of Attorney Deputyship applications Professional appointment of
Attorneys and Deputies
Need a fast and effective solution to buying or selling your home? Human Rights and Judicial Review Mental Health Law NHS Continuing Healthcare
Assessments and Appeals Social Care Assessments and representation Access to Medical Records Arrangement of Care Provision Health and Welfare Advocacy
“Thank you for all your expert and timely advice. The support and kindness shown throughout such a stressful period was invaluable. Your firm will certainly come with the highest recommendation to our contacts.” Want to leave your affairs in order but not sure where to start? Require a prompt and efficient service to deal with your commercial transactions?
Residential Conveyancing Commercial Property Company Commercial Litigation Wills, Estate Planning and Probate Lasting Powers of Attorney Deputyship applications Professional appointment of
Attorneys and Deputies
Need a fast and effective solution to buying or selling your home? Human Rights and Judicial Review Mental Health Law NHS Continuing Healthcare
Assessments and Appeals Social Care Assessments and representation Access to Medical Records Arrangement of Care Provision Health and Welfare Advocacy
“Thank you for all your expert and timely advice. The support and kindness shown throughout such a stressful period was invaluable. Your firm will certainly come with the highest recommendation to our contacts.” Want to leave your affairs in order but not sure where to start? Require a prompt and efficient service to deal with your commercial transactions?
n Residential Conveyancing n Commercial Property n Litigation We can deliver prompt and effective solutions to all your legal requirements
