What is a Deprivation of Liberty Safeguard/ DoLS?
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 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?
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 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 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
CoPDoLS (Court of Protection Deprivation of Liberty Safeguards)
- Where Used: Applied in settings other than care homes and hospitals, like supported living or at home.
- Purpose: Similar to DoLS, but used when the person is in a different type of setting.
- Process: The Court of Protection must authorize the deprivation of liberty.
- Assessments: The court assesses whether the deprivation of liberty is necessary and appropriate