DoLS information for care homes and hospitals
For every person in a hospital or care home who lacks capacity to stay there for care or treatment, the following should be considered: is it the case that the person is under continuous supervision and control and is not free to leave, and does that person lack capacity to consent to these arrangements?
If the answer is 'yes', you need to ask yourself whether the care or treatment could be given in a way which does not deprive the person of their liberty.
If there is no less restrictive option available to provide this care, you must apply to the Supervisory Body for authorisation to continue with the care plan and lawfully deprive the person of their liberty. The Supervisory Body will then arrange for a series of assessments to be completed to decide if it is right to deprive the person of their liberty.
Codes of practice
Mental Capacity Act code of practice and the Deprivation of Liberty Safeguards Code of Practice give guidance and information about how the act works in practice and should always be referred to.
How to apply for authorisation of a Deprivation of Liberty
Where a DoLS authorisation is in place and it is nearing its end and the person still meets the requirements for DoLS, the Managing Authority must submit a DoLS Form 2 (Request for Further Standard Authorisation).
All requests are processed by the DoLS Team for Stockton-on-Tees Borough Council.
All forms need to be sent directly to the DoLS Team at DOLSAdministration@stockton.gov.uk.
For any queries about the application process please contact:
- phone: 01642 528460
- email: DOLSAdministration@stockton.gov.uk
When and how to request a review
A standard authorisation can be reviewed at any time and is made by completing the DoLS review form 10.
You must make regular checks to see if the Deprivation of Liberty is still needed, and a request for a review must be made if there has been a change in the person's situation means that any of the qualifying requirements for DoLS are not met, or the reason why they are met has changed.
All deprivation of liberty safeguard and guidance forms can be found on the GOV.UK website..
Notification to the Care Quality Commission (CQC)
You need to notify the CQC of the outcome of any application to deprive a person of their liberty. The notification form can be downloaded from the Care Quality Commission website.