Information about Deprivation of Liberty Safeguards otherwise known as DoLS
Sefton Council's Adult Social Care department services have many different legal responsibilities for their residents. Deprivation of Liberty Safeguards (DoLS) teams are responsible for ensuring that individuals who lack the mental capacity to consent to their care arrangements are protected when those arrangements involve depriving them of their liberty.
These teams assess whether the deprivation is necessary and in the person's best interests, and they ensure that legal safeguards are in place, such as appointing a representative to advocate for the individual and providing the right to challenge the deprivation in court. Their work is crucial in upholding the rights and dignity of vulnerable adults in care homes and hospitals
What is a Deprivation of Liberty Safeguard - DoLS?
Deprivation of Liberty Safeguards (DoLS) are legal protections for individuals who cannot consent to their care arrangements due to a lack of mental capacity. These safeguards ensure that any deprivation of liberty, such as being confined to a care home or hospital, is necessary and in the person's best interests. DoLS teams assess and authorise these arrangements, appoint representatives to advocate for the individual, and provide the right to challenge the deprivation in court. This process helps protect the rights and dignity of vulnerable adults.
Deprivation of Liberty Safeguards (DoLS) are rules in place to protect people who can't make decisions for themselves about their care or treatment. These rules apply in England and Wales.
Here's a simple breakdown:
- Purpose: DoLS ensure that if someone is being cared for in a way that limits their freedom (like in a care home or hospital), it's done safely and in their best interests.
- When is this used: They are used when a person can't consent to their care arrangements because they lack the mental capacity to do so.
- Process: Before someone can be deprived of their liberty, several assessments must be done to make sure it's necessary and appropriate.
- Rights: The person has the right to have someone represent them and to challenge the decision if needed
In essence, DoLS are there to make sure that any restrictions on a person's freedom are fair and justifiable.
What is a Court of Protection Deprivation of Liberty Safeguard- CoPDoLS?
Court of Protection Deprivation of Liberty (CoPDoL) refers to the legal process where the Court of Protection authorises the deprivation of liberty for individuals who lack the mental capacity to consent to their care arrangements. This ensures that the deprivation is necessary, proportionate, and in the person's best interests, while safeguarding their rights and providing a mechanism to challenge the decision if needed.
A Court of Protection Deprivation of Liberty Safeguard is a legal measure to protect people who can't make decisions for themselves about their care or treatment, especially when they need to be kept in a place like a care home or hospital for their safety.
Here's a simple explanation:
- Purpose: It ensures that if someone needs to be kept in a place where they can't leave freely, it's done in a way that protects their rights and is in their best interests.
- When is this used: It's used when a person can't consent to their care arrangements because they lack the mental capacity to do so.
- Court Involvement: If the care setting is not a hospital or care home, the Court of Protection must authorize the deprivation of liberty.
- Process: The court assesses whether the deprivation of liberty is necessary and appropriate.
- Rights: The person has the right to have someone represent them and to challenge the decision if needed
What is the difference?
In summary, DoLS are used in care homes and hospitals, while CoPDoLS are used in other settings, and the main difference is who authorizes the deprivation of liberty (local authority for DoLS, Court of Protection for CoPDoLS). DoLS (Deprivation of Liberty Safeguards).
- Where they are used: Applied in care homes and hospitals.
- Purpose: To protect people who can't make decisions for themselves about their care or treatment and need to be kept in a place where they can't leave freely.
- Process: The care home or hospital must get permission from the local authority to deprive someone of their liberty.
- Assessments: Several assessments are done to ensure the deprivation of liberty is necessary and in the person's best interests
Additional reading, information and resources
Adult Social Care - Research in Practice - DoLS Easy Read Guide
Adult Social Care - Department of Health - DoLS and You - an Easy Read
Adult Social Care - Local Government - Mental Capacity Act Guide
Adult Social Care DoLS -Social Care Institute- At A Glance Simple Summary
Adult Social Care - Department of Health - DoLS An Explanation for Families
Adult Social Care - Sefton Council - The Role of the DoLS team
Adult Social Care - Local Government- Your Rights- DoLS Standard Authorisation guidance