What are some examples of deprivation of liberty?
For example, a care home or staff in a hospital may stop the person from walking around at night or leaving the building, or give them medications that may affect their behaviour. Sometimes, taking away a person’s freedom in this way is defined in law as a ‘deprivation of liberty’.
What are the deprivation of liberty safeguards?
The Deprivation of Liberty Safeguards is the procedure prescribed in law when it is necessary to deprive of their liberty a resident or patient who lacks capacity to consent to their care and treatment in order to keep them safe from harm.
What is the deprivation of liberty safeguards 2009?
The Mental Capacity Act Deprivation of Liberty Safeguards (MCA DoLS) were introduced in 2009 to provide legal protection for vulnerable people who are, or may become, deprived of their liberty in a hospital or care home.
What is the purpose of the deprivation of liberty safeguards?
The Deprivation of Liberty Safeguards (DoLS) procedure is designed to protect your rights if the care or treatment you receive in a hospital or care home means you are, or may become, deprived of your liberty, and you lack mental capacity to consent to those arrangements.
What are the five principles of DoLS?
Mental Capacity Act and DoLS
- Principle 1: A presumption of capacity.
- Principle 2: Individuals being supported to make their own decisions.
- Principle 3: Unwise decisions.
- Principle 4: Best interests.
- Principle 5: Less restrictive option.
What are the six assessments required by DoLS?
The DoLS assessment makes sure that the care being given to the person with dementia is in the person’s best interests. There are six parts to the assessment: age, mental health, mental capacity, best interests, eligibility and no refusals.
What does DoLS mean in NHS?
Deprivation of Liberty Safeguards
DoLS is part of the MCA and is a legal framework for individuals who lack the capacity to consent to be accommodated in a hospital or care home in order to receive care and treatment.
How long do DoLS last?
12 months
A DoLS authorisation by a Local Authority will last for a maximum of 12 months and can be renewed after that following a review.
What is the 2 stage test of capacity?
The MCA sets out a 2-stage test of capacity: 1) Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use? 2) Does the impairment mean the person is unable to make a specific decision when they need to?
When should DoLS be lifted?
Deprivation of liberty can be ended at any time before the end date set in the authorisation. This should happen if the care home or hospital believes the deprivation of liberty is no longer necessary. In that case the managing authority should apply to the supervisory body to review the authorisation – form 10.
When can a DoLS be removed?
Can a DoLS be removed?