The Deprivation of Liberty Safeguards Team

When a care home or hospital think they are depriving you of your liberty they will make a referral to the DoLS Team. The test for whether someone has capacity to make their own decisions, and a whether arrangements amount to a deprivation of liberty, are set out in law. The Mental Capacity Act 2005 (and case law) tells us what to do. We appoint two assessors (a best interests assessor and a mental health assessor) to undertake independent checks of this by:

 Visiting and communicating with you.

 Examining your care records.

 Speaking to the staff caring for you.

 Speaking to your friends and family.

 Considering if the placement and the care you receive is best for you.

 Raising issues when we see them; and

 Appointing an independent advocate if necessary.

We support people by respecting their choices and decisions, whilst protecting their human rights. Any decision made to deprive someone of their liberty is supported by robust evidence.

We put you at the centre of the decision making and take into account your views around the care and support you receive. We listen to your wishes and feelings and ensure that these are considered carefully in our recommendations other people caring for you, including family and friends.

We endeavour to fill any gaps in what a good life looks like for you. This could include recommendations to professionals around changes to/ enhancing your support, or conditions attached to any deprivation of liberty authorisation record. We do this to promote your connections with other people and your community. We support you to remain as independent as possible and to make decisions where you can.

We encourage family and friends to advocate for you, by acting as your representative. This is because they know you best and are aware of your interests, and your past, present and future ambitions. An independent advocate can be appointed, if this would be more appropriate to your personal situation.

Our assessments process promotes treating you as a unique individual with your own needs and wants. Any determination of your capacity is time and decision specific, and we make no assumptions based on any diagnosis you may have. What matters to you is important to us. Everyone who receives our service is listened to, as your wishes, views, feelings and values are central to the DoLS process. We respect your relationships, consulting with family members during this process to ensure they are involved, as the people who know you best.

We want you to feel secure and informed throughout the process, and endeavour to give you as much information to help you understand, in an accessible way, what is happening to you. We support you to understand that you can challenge the assessment process or any decision around your capacity, or deprivation of liberty, if this is something you would like to do.

We consult with you, the place where you live, and your family/ friends, to find out the best time to meet with you to complete our assessments. If you have one, we work with your advocate to make sure you are supported during the process. We adapt our assessments to cater to your communication needs and each conversation is tailored to you.