The Deprevation of Liberty Safeguards (DOLS) try to ensure that people receiving treatments and support have as much liberty as possible. Services need to make sure that this is true for everyone they support.
BILD have developed two very useful guides regarding DOLS. One for the indiviudal themselves and another for families/carers
For some simple information about DOLS from the Dept of Health click here or here
For information from Kent but useful everywhere here.
• The Mental Capacity Act Deprivation of Liberty Safeguards – MCA DOLS – come into force on 1st April.
• They provide for the lawful deprivation of liberty of those people who lack capacity to consent to arrangements made for their care or treatment in either hospitals or care homes, but who need to be deprived of liberty in their own best interests.
• Local authorities and PCTs will have responsibility for operating and overseeing the MCA DOLS whilst care homes and hospitals will have responsibility for applying to their local authority or PCT for a Deprivation of Liberty authorisation.
• Therefore, it is absolutely essential that all care home (and hospital staff) as well as relevant local authority (and PCT) staff familiarise themselves with this new legislation.
• The deprivation of liberty safeguards are about protective care. They are not about giving health and social care professionals arbitrary powers of detention. Quite the opposite: they put in place legal safeguards to ensure that people are not deprived of their liberty in hospital or care home settings unless it is absolutely necessary to do so, in their own best interests.
• They are to be used as a last resort where it is only possible to provide care or treatment for people who lack capacity in circumstances that amount to deprivation of liberty. They are not to be used as a form of punishment, or for the convenience of professionals, carers, or anyone else.