supported living/own home) can only be authorised via the Court of Protection. If a care/nursing home or hospital makes an application to a local authority for a deprivation of liberty authorisation, it must inform the Care Quality Commission, once the outcome of the application is known. Because the move is against Mavis's wishes and those of her husband, the local authority makes a fast-track application to the Court of Protection to make a decision in her best interests. In July 2018, the government published a Mental Capacity (Amendment) Bill which will see DoLS replaced by the Liberty Protection Safeguards (LPS). Deprivation of Liberty Safeguards (DoLS) - Coventry City Council No one shall be deprived of his or her liberty save in accordance with a procedure prescribed in law and everyone shall be entitled to take proceedings by which the lawfulness of his or her detention shall be decided speedily by a court and his or her release ordered if the detention is not lawful. the relevant 'Managing A Hospital or Care Home) must seek authorisation from a 'Supervisory Body' in order to lawfully deprive someone of their liberty. They found Mr Q very resistive to bathing and showering; in their words, It was a battle to get him to keep clean or change his clothes. He also worried them by wanting to go out alone. This is sent to the supervisory body which has to decide within 21 days whether the person can be deprived of their liberty. The care home became worried that the battles were getting worse, and applied for a standard authorisation. If staff reasonably believe that the extent of restriction of movement and restraint required in the best interests of a resident may go further than what is permitted under Section 6 of the MCA, and might amount to a deprivation of liberty, then the home must have clear policies and procedures in place to ensure that an application for authorisation under the Safeguards is submitted to the appropriate supervisory body as soon as practicable. Deprivation of Liberty Safeguards (DoLS) protect people who lack capacity to consent to being deprived of their liberty. He agreed to accept a care package at home, and Mrs S returned home, where she lived happily for a further nine months. That staff have knowledge of the Safeguards and know how to identify restriction that may go beyond that which is authorised under Part 1 paragraphs 5 and 6 of the MCA and which, therefore, could lead to criminal prosecution unless specifically authorised (via DoLS or the Court of Protection). However, the advocate is not a legal representative. Is the care regime the least restrictive option available? End-of-life and palliative care settings are another area where the Supreme Court judgment has led to particular difficulties. If an IMCA is appointed to support a person subject to a DoLS authorisation assessment, the home works with and supports that person. If all conditions are met, the supervisory body must authorise the deprivation of liberty and inform the person and managing authority in writing. On the advice of the GP, the hospital makes an application for a standard authorisation for the use of sedation which is granted before she is admitted.
Drexel Family Medicine Faculty, Articles C