Additional sources of support and information
Deprivation of liberty safeguards
The Deprivation of Liberty Safeguards (DoLS) is a legal process that is linked to the Mental Capacity Act 2005 DoLS ensure people who cannot consent to their care arrangements in a care home or hospital are protected if those arrangements deprive them of their liberty. Arrangements are assessed to check they are necessary and, in the person’s, best interests. For their safety, it may be necessary to restrict their liberty. For example, they may not be able to go out on their own, and carers may need to check on them regularly. Representation and the right to challenge a deprivation are other safeguards that are part of DoLS.
If a person is assessed as being deprived of their liberty this does not imply any criticism of the care they receive. Two independent professionals, often a social worker and a doctor, consider the person’s best interests and complete several DoLS assessments which are scrutinised by one of our managers before that person’s deprivation of liberty may be formally authorised.
The term deprivation of liberty relates to Article 5 of the Human Rights Act 1998, the right to liberty and security. In March 2014, the Supreme Court published a landmark ruling, with an 'acid test' to help determine when a person is being deprived of their liberty. If a person does not have the mental capacity to consent to being in hospital or in a care home, then the DoLS process must be followed.
Two questions are essential, they are the acid test:
- Is the person subject to continuous supervision and control?
- Is the person free to leave? (This applies even if a person does not wish to leave, and/or is physically unable to do so.
The DoLS process
A person subject to a deprivation of liberty safeguards authorisation has to have a representative to act on their behalf. This will normally be a family member or carer but can also be a professional appointed for that purpose.
If a person meets the acid test above, the managing authority (hospital or care home) must make a referral to the supervisory body (Bolton Council) in order to lawfully deprive a person of their liberty. Use the forms at the bottom of the page, which should be emailed to dols@bolton.gov.uk
We will then appoint an independent best interest assessor and an independent mental health assessor who between them will decide whether an authorisation is needed.
Part of the process will be to discuss the situation with the person concerned their family and friends. If there are no family or friends, we will appoint an (what’s the Bolton process for DoLS, where can this information be gotten so that a link can go in here does Bolton have an) Independent Mental Capacity Advocate to support the person.
If anyone disagrees with the process, they can talk to the assessor or to the safeguarding review and extra care team. As this is complex, we also have Advocacy Review - Bolton Council that can help you. If all the assessments are met, we must give an authorisation. This can be for up to a year.
For more information on DoLS Guidance, please visit: bolton-policies-and-procedures
Information for safeguarding professionals – Bolton Council
