What does the Deprivation of Liberty Safeguards procedure include?
DoLS are a set of checks that aim to protect the person with dementia. They try to make sure that any care that limits a person’s liberty is done in the least restrictive way and is in the person’s best interests.
They try to make sure that a person who is deprived of their liberty is protected. The care must be both appropriate and in the person’s best interests.
Many things count as a deprivation of liberty, and so most people with dementia living in care homes and hospitals will receive care that counts as a deprivation of liberty. It is often necessary to provide care in this way.
The DoLS procedure means that the person’s care arrangements and limits to their freedom are not just put in place, but rather they are assessed, applied for a set period of time and reviewed.
If a care home or hospital plans to deprive a person of their liberty, they must get permission. To do this, they must correctly follow legal processes called the Deprivation of Liberty Safeguards (DoLS).
The safeguards include the following four elements:
1. Assessment
An assessment of the care being given to the person with dementia must be done by two professionals who are not involved in the care of the person:
- the ‘best interests assessor’ – they must be an approved mental health professional, usually a social worker, nurse, occupational therapist, or psychologist, with the necessary training and experience
- the ‘mental health assessor’ – they must be a medical doctor with experience in mental health.
This assessment is a safeguard as it makes sure that the care being given is in the person’s best interests.
2. A representative
The person who is being cared for should be given a representative. This can be a paid representative or a relative or friend. The assessment will usually identify who would be best for this role.
This person is called the ‘relevant person’s representative’. This person is given certain rights and looks out for the person receiving care.
The representative can be helped by an advocate called an Independent Mental Capacity Advocate.
3. The right to challenge
The person with dementia (or their representative) has the right to challenge a deprivation of liberty through the Court of Protection.
4. Reviews
The deprivation of liberty should be reviewed and checked regularly.
