The sole reason for DoLS by the Mental Capacity Act 2005 (MCA) is to prevent the unlawful detention of adults in hospital and care settings who are said to lack the capacity to choose where they should live and are not able to consent to treatment and care. In the event that restrictions are placed on an individual, they must be appropriate and proportionate.
The Mental Capacity Act 2005 Safeguard applies if a person is:
- Over 18;
- The person subject to MCA has, ‘impairment of disturbance in the functioning of the mind’;
- Whose freedom is restricted;
- Who does not have the capacity to make decisions about their care and/or treatment.
Test for determining whether an individual has been deprived of their liberty.
A person is said to be deprived of their liberty if:
a. not free to leave;
b. are under continuous supervision in the hospital or/ care setting;
c. lack the capacity to consent to (a) and (b).
By way of example, the staff refusing to discharge the person to the care of their relatives, or staff making all decisions about the vulnerable person’s treatment, accommodation as well as whom they see and speak to.
Who can ask for the DoLS assessment?
A care provider can request a DoLS Assessment from social services and if the individual in question is receiving treatment in a hospital, then a doctor or nurse.
A concerned friend or relative can request for DoLS Assessment if they feel that the person has been unjustly deprived of their liberty.
Who carries out a DoLS assessment?
- The best interest assessor – usually a social worker, nurse, occupational therapist or psychology
- The mental health assessor – a professional who is able to access mental disorders and how deprivation of liberty will affect mental health usually a doctor or psychiatrist.
A deprivation of liberty should be for the shortest time and should not exceed 12 months.
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Disclaimer: The information on Adel Jibs’ website is for general information and does not constitute legal advice and should not be treated as such.
