Information for care homes and hospitals

What amounts to a deprivation has been a very controversial issue over the years. However, the Supreme Court has now made a decision about the meaning of 'Deprivation of Liberty' and it handed down its judgment in March 2014.

This new judgment means that all individuals in care homes or hospital, who lack capacity regarding accommodation decisions, need to be considered to determine if their placement and the care they receive there means that they are being deprived of their liberty and if they are then an authorisation will need to be in place.

Deprivation of Liberty as defined by the Supreme Court

The deprivation of liberty safeguards (DoLS) only apply to those who are felt to lack capacity to make decisions in relation to their accommodation and care and treatment.

If a person lacks capacity, then there are two components:

1 - The person is under continuous supervision and control

Some things to consider (this is not an exhaustive list and other factors may be relevant):

• What is happening on a day to day basis regarding their care provision?
• Do carers have to accompany the person when they go out of the care home?
• Are they under the control of staff and cannot go anywhere or do anything without staff support and assistance?
• Do they have staff supporting them for the majority of the time?

and

2 - The person is not free to leave

• Is someone else deciding where they should live?
• If they tried to leave they would be prevented?
• If they left would staff return them to the care home?
• Are there any residence requirements on them due to Mental Health Act Community Treatment Order or Guardianship?

What is irrelevant?

• The person's compliance or lack of objection
• Any family or third party consent or agreement
• The relative normality of the placement
• The reason or purpose behind a particular placement

Where a person lacks capacity and you identify that a deprivation may be occurring, that deprivation of liberty will need to cease or be authorised by either the urgent or standard authorisation process.

You will now need to complete the Integrated Form 1 and 4, and submit this via fax, secure email or hand delivery to the Strategic Safeguarding Adults Service.

Responsibility of managing authorities

The organisation that detains the person is responsible for applying for the DoLS.

If the managing authority believes that a person may lack capacity to consent to being in the care home, is not free to leave and is under constant supervision and control they should apply for an authorisation.

The managing authority must inform the Relevant Person and their family member or carer of the application being submitted and give them a copy.

If an authorisation is granted for the person, the managing authority must take into account any conditions attached to the authorisation. These are documented on Form 5 which will be sent to you by the Supervisory Body confirming that a Standard Authorisation has been granted.

The managing authority should request a review using Form 10 from the Supervisory Body if it is felt the criteria for a Deprivation of Liberty is no longer met.

The managing authority is responsible for submitting a further request for a Deprivation of Liberty once the authorisation is coming to an end if it is felt the criteria would continue to be met.

The managing authority is responsible for informing Hospitals that a person is subject to a DoL if they are admitted.

The managing authority is responsible for informing Supervisory Body that a person subject to a DoL has moved out or passed away.

For further information please contact

Deprivation of Liberty Safeguards (DoLS) Team

Tel: 0191 561 8932
Email: dols.team@sunderland.gov.uk
Secure Email: dols.team@sunderland.gov.uk