Who does deprivation of liberty safeguards apply to?
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The DoLS were introduced by the Mental Capacity Act 2005 and came into force in 2009. They were designed to protect the human rights of people who lack mental capacity, as set out in the Human Rights Act 1998.
The DoLS are part of a wider framework of laws and safeguards that protect the rights of people who lack mental capacity. Other parts of this framework include the Mental Capacity Act 2005 itself, as well as the common law principles of best interests and least restrictive option.
Who can be deprive of their liberty?
Adults (aged 18 or over) who lack mental capacity can be deprived of their liberty. This includes people who have conditions such as dementia, learning disabilities, and mental health conditions.
It also includes people who are temporarily unable to make decisions for themselves, such as those who are unconscious or in a coma.
What does it mean to be deprived of one’s liberty?
Being deprived of liberty means being restricted in your freedom to move around and make decisions about your own life. This could include being:
– restrained in a hospital or care home
– not being allowed to leave a hospital or care home
– not being allowed to have contact with certain people, or to go to certain places
– being monitored or tracked in some way (for example, by GPS tracking)
Why might someone be deprived of their liberty?
There are many reasons why someone might be deprived of their liberty, but it must always be in their best interests and necessary to protect them from harm.
For example, someone might be deprived of their liberty in order to receive treatment for a mental health condition. This could be because they are a danger to themselves or others, and need to be in a secure mental health unit where they can be closely monitored and treated.
What are the safeguards in place to protect people who are deprived of their liberty?
The safeguards in place to protect people who are deprived of their liberty are set out in the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards (DoLS) Code of Practice.
These safeguards include ensuring that:
– the person is only deprived of their liberty in their best interests
– the least restrictive option is used
– there is regular review of the decision to deprive the person of their liberty
– the person has the right to appeal the decision
Who makes the decision to deprive someone of their liberty?
The decision to deprive someone of their liberty must be made by a qualified professional, such as a doctor, nurse, or social worker. The decision must be made in accordance with the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards Code of Practice.
Can a family member or friend be involved in the decision?
Yes. The Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards Code of Practice both state that family members and friends should be involved in the decision-making process wherever possible.
What are the consequences of depriving someone of their liberty?
The consequences of depriving someone of their liberty without following the correct procedures are serious. The person who has been deprived of their liberty may be able to take legal action against the person or organisation who deprived them of their liberty.
The person may also be able to make a complaint to the Local Government and Social Care Ombudsman.