Deprivation of
Liberty
Safeguards (DoLS)
From the 1st April 2009 new legislation comes into effect under
amendments to the Mental Capacity Act 2005. This requires Hospitals and Care
Homes to apply for an authorisation to deprive someone of their liberty where
this is necessary to deliver treatment or care and the circumstances would not
warrant a detention under the Mental Health Act 1983.
People who are subject to an assessment for, or authorisation of, a
deprivation of liberty may be entitled to the support of an Independent Mental
Capacity Advocate (IMCA). All referrals to the IMCA Service must come through
the appropriate Supervisory Body. In the case of Care Homes, this will be the
Local Authority, in the case of Hospitals this will be the responsible NHS Body.
For the avoidance of doubt, Hospitals and Care
Homes cannot make referrals directly to the IMCA Service for DoLS support, but
must approach the Supervisory Body in the first instance. The Supervisory Body
to be approached is the one in which the person will be located at the time of
the proposed deprivation of liberty.
Staffordshire and Stoke-on-Trent Supervisory Bodies have established
single contact numbers and Hospitals and Care Homes can contact them on the
numbers below:
Staffordshire – 01889 256088
Stoke-on-Trent
– 01782 236130
Should you require further information about the Deprivation of Liberty
Safeguards the Department of Health website provides a comprehensive range of
downloadable information.
You can access the Code of Practice for the DoLS on:
www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_085476
You can find further information about the legislation, including guidance
for Primary Care Trusts, Local Authorities, Hospitals, Care Homes and people who
may be representing the interests of someone who is subject to an assessment
for, or authorisation of, a deprivation of liberty, at:
www.dh.gov.uk/en/SocialCare/Deliveringadultsocialcare/MentalCapacity/MentalCapacityActDeprivationofLibertySafeguards/index.htm