DoLS Guidance for Managing Authorities

Managing Authorities (care homes and hospitals) have a duty to provide care within the provisions of the Mental Capacity Act, ensuring any decisions made on behalf of a person who lacks capacity are in their best interests and achieved in a way that is least restrictive of the person’s rights and freedom. If these care arrangements amount to a deprivation of liberty managing authorities must ensure they are not unlawfully depriving a person by failing to make an application for a DoLS authorisation.

It is only lawful to deprive a person of their liberty under the Safeguards, where the care arrangements have been independently assessed and deemed necessary in the person's best interests to protect them from harm and is a proportionate response to the likelihood and seriousness of that harm.

In the absence of a formal application for authorisation, the DoLS Team are unable to advise with certainty whether a person’s circumstance or care regime amounts to a deprivation of liberty; however, we will do our best to signpost or provide information that will assist in the assessment and decision process.

When to make a DoLS Application?

The application processes

If the Managing Authority identify that a person may be deprived of their liberty, the relevant application should be made to the Supervisory Body at the address below, utilising the instructions provided with each form.

Managing Authorities must familiarise themselves with the information regarding who to inform that an application for deprivation of liberty has been made.

(DoLS Code of Practice ch3, p34).

Please make all efforts to obtain a hard copy of the Code of Practice and make it accessible to all staff.

The forms must be completed fully with the information requested in sufficient detail to avoid delays in the application process.

Form 1 – request for standard authorisation and urgent authorisation

This is the form to use to make an initial referral to the DoLS team requesting assessments for a standard authorisation, or if a person’s authorisation has expired (and a form 2 cannot be used.

If a managing authority needs to give itself an urgent authorisation to deprive a person of their liberty for a maximum of seven days; this needs to be submitted in conjunction with the request for a standard authorisation. The urgent authorisation is extendible by a further seven days by request from the managing authority by completing the end part of the original form 1 and resending this back to the supervisory body via dols@doncaster.gov.uk. The extension to 14 days can only be authorised by Doncaster City Council as the Supervisory Body, who will complete the final part of the existing form 1 to confirm the extension is in place.

Form 2

This form is used to request a subsequent standard authorisation where an existing authorisation is about to expire; and the continuation of the person’s care regime will constitute a deprivation of their liberty. This should be submitted 28 days prior to expiration of the current authorisation.

Form 7

This form is used to notify the Supervisory Body that a standard authorisation should be suspended because the person ceases to meet the deprivation of liberty eligibility requirements, and is for example, admitted to hospital and detained under the Mental Health Act for no longer than 28 days. The Managing Authority must inform the Supervisory Body that the person has returned within 28 days so the authorisation can resume. If the person does not return within the 28 days, the authorisation will be terminated. A suspension is not necessary if a person is admitted to hospital for physical health reasons and a new DoLS authorisation has not been requested by another Managing Authority.

Form 10

To be used to request a review of a standard authorisation from the Supervisory Body. This request can be raised by the Managing Authority, the Relevant Person Representative or the Supervisory Body may choose to conduct a review if they believe the person may no longer meets the requirements for a DoLS authorisation; or the situation has changed and needs to be reviewed.

For further advice and support contact the:

Deprivation of Liberty Safeguards Team

City of Doncaster 
Civic Office
Waterdale
Doncaster
South Yorkshire
DN1 3BU

Telephone: 01302736097
Email: Dols@doncaster.gov.uk 

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Last updated: 02 April 2024 07:09:36

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