not constitute a new deprivation of liberty, and a DoLS authorisation will not be required. Currently under DoLS care homes and hospitals can grant themselves an urgent authorisation of 7 days while a standard authorisation is sought through the usual process. There may be a recent capacity assessment e.g. This is called a Standard Authorisation. for admission to care home but completed by social worker. It is the role of the managing authority to monitor whether the person becomes eligible again and to notify the supervisory body. 3. Care and treatment should continue to be provided in the person’s best interests. During the pandemic it may be necessary to change the usual care arrangements for somebody who lacks capacity to consent (P), and these are likely to be more restrictive. Our inspectors look at both DoLS and the wider MCA in inspections, and our findings inform the ratings we give to providers. Hospitals and care homes are therefore facing situations where they have identified a deprivation of liberty, but are unable to get the DOLS Standard Authorisation from the local authority in time before the Urgent Authorisation they can grant themselves lapses after 7 (or at most 14) days. new DOLs authorisation is needed •If a new authorisation is needed, decision makers should follow standard process; there is a shortened urgent authorisation at Annex B •DoLS assessors should not visit unless a face to face visit is essential. A DoLS authorisation only authorises the deprivation of liberty – which means the parts of the care plan that meet the ‘acid test’. What steps they should take to assess whether to seek authorisation. Before deciding whether to apply for an authorisation of deprivation via the DoLS process (if the person is in a care home/hospital) or Court of Protection (if the person is in a community setting, for example, supported living), providers should consider the acid test in the usual way: ‘is the person subject to continuous supervision and control?’ and ‘Is the person free to leave?’ Process for applying for a DoLS authorisation 4.2 This policy does not cover wider application of the MCA and DoLS, details of which are available in the relevant Codes of Practice and the Gloucestershire Mental Capacity Act Multi-Agency Policy, Procedures and Guidance (May 2014), Gloucestershire DoLS policy and Herefordshire MCA & DoLS Policies. Applying for authorisation is complex and bureaucratic and in March 2014, a House of Lords Select Committee concluding that the DoLS weren’t fit … Whenever anyone is concerned that a hospital or care home has or may have been depriving a person of their liberty without applying for DoLS authorisation they should report their concerns. In England, this is always the local authority. 4. If they do not meet the rather tighter test for false imprisonment, they could not bring a claim for deprivation of liberty under the HRA 1998 against the care home/private hospital. The local DPH and DASS have an important role in ensuring that can happen across their local area and may provide advice to care homes accordingly. DoLS are part of the MCA, which means that the wider MCA has to be used to make a best interests decision about any treatment that is needed. Who, within the care home or hospital should take the necessary action Whether the relevant person needs an IMCA. A person can only be lawfully deprived of their liberty in a care home or hospital if it has been authorised by either the DoLS process or a Court of Protection order. A request can be made to the Supervisory Body for a Review of the Standard Authorisation at any time. They are designed to protect the rights of the person and to ensure the decision is … considering applications for ‘DOLS authorisations’ (i.e. During 2019-20, councils completed 243,300 applications, by granting or not a DoLS authorisation, which was a … Different rules apply in Wales, depending on whether the deprivation of liberty is in a hospital or care home. Urgent authorisations can only be granted by the managing authority of the care home or hospital where the relevant person is to being detained for care or treatment. DHSC Guidance: Life-saving treatment • DHSC guidance suggests the Ferreira principle applies in care homes: • 9. must be established before a decision can be made on your behalf. If so, then will the current authorisation cover the new arrangements? It is entirely possible, therefore, that a self-funder in a private care home/hospital may well have no recourse against the care home/hospital which does not seek a DOLS. A standard authorisation can only be suspended for 28 days, after which period it must either recommence or end, subject to a further request. Although unfortunately services that don’t seek DoLS authorisation are probably pretty unlikely to get sued for it as without the safeguards it’s hard to get the case into court. All requests are sent to the Council where the person normally lives (this test is called “ordinary residence”) and the Council will process the request. 3. The updated guidance on DoLs contained in The Mental Capacity Act (2005) and Deprivation of Liberty Safeguards (DoLS) during the COVID-19 pandemic can be found here.. Changing restrictions during the pandemic. Granting an urgent authorisation. At this point the safeguard provided by DoLS becomes apparent - being overseen externally means the events described in the Bournewood case are avoided.