Deprivation of Liberty Safeguards (DoLS) are legal protections in England and Wales designed to ensure that any individual (known as Relevant Person) who cannot consent to their care arrangements in a care home or hospital are safeguarded if those arrangements deprive them of their liberty.
Here's a simple breakdown:
Purpose: DoLS ensure that any Deprivation of Liberty is necessary, proportionate, and in the person's best interests.
Application: They apply to individuals aged 18 or over who lack the mental capacity to consent to their care arrangements.
Process: Care homes or hospitals (Managing Authority) must request authorisation from Stockport Council (Supervisory Body) to deprive someone of their liberty. This involves a comprehensive assessment to ensure the Deprivation of Liberty is in a person’s best interests.
Safeguards: If authorised, the person has a Relevant Person’s Representative (usually a family member or friend) appointed to support them, and they have the right to challenge the deprivation in court.
These safeguards are part of the Mental Capacity Act 2005 and aim to protect vulnerable individuals' human rights.
To fulfil the role of a Relevant Person's Representative under the DoLS, the following criteria must be met:
- Age and Willingness
Must be at least 18 years old.
Must be willing to be appointed after careful consideration of the responsibilities.
- Independence
Must not have a financial interest in the Relevant Person’s Managing Authority.
Must not be a relative of someone with a financial interest in the Managing Authority.
Must not be employed by or providing services to the care home where the Relevant Person resides.
- Contact and Representation
Must be able to maintain regular face-to-face contact with the Relevant Person.
Must represent and support the Relevant Person in all matters related to the Deprivation of Liberty, including appealing against the Deprivation of Liberty, requesting reviews, ensuring least restrictive practices, and raising complaints.
The Relevant Person must appear to trust and feel comfortable with the proposed representative.
The proposed representative must be able to represent the Relevant Person effectively.
The proposed representative should represent the Relevant Person’s best interests.
If a person objects to their Deprivation of Liberty, several steps should be taken to address their concerns. Firstly, the objection must be documented and reviewed by the relevant authorities, including the care home or hospital managing the person's care. The person should be supported in expressing their views, potentially with the help of an advocate or their Representative. If the objection persists, the case may be referred by the RPR (with support if needed) to the Court of Protection to determine whether or not the Deprivation of Liberty is justified.
Choosing a Relevant Person’s Representative (RPR)
The Relevant Person may express a preference for who they want as their RPR.
If someone is appointed as Lasting Power of Attorney (LPA) for Health and Welfare or Deputy for Health and Welfare they have the authority to select themselves or someone else as the RPR.
If the Relevant Person cannot choose and has not appointed anyone as Lasting Power of Attorney for Health and Welfare or Deputy for Health and Welfare, Stockport Council, as the Supervisory Body, will appoint someone suitable (usually a family member or friend).
If no suitable person is available, a paid RPR from a local advocacy organisation will be appointed.
The RPR role is crucial in ensuring the rights and interests of the person deprived of liberty are protected throughout the process.
As an RPR, you have several important rights:
Access to Information: You have the right to access all relevant documents and information about the person's Deprivation of Liberty.
Request Reviews: You can request a review of the DoLS authorisation if you believe it is no longer necessary or appropriate or the restrictions have changed.
Appeal: You have the right to appeal against the Deprivation of Liberty in the Court of Protection.
Raise Complaints: You can raise complaints on behalf of the person if you believe their rights are being infringed.
Support and Advocacy: You have the right to independent support for yourself to fulfil the role of RPR.
Regular Contact: You have the right to maintain regular contact with the person to understand their needs and preferences.
These rights are designed to ensure that the person deprived of liberty has a voice and that their rights are protected throughout the process.
All RPR appointments are subject to approval by the Supervisory Body, who must be satisfied that the selected RPR is willing to act in the Relevant Person's best interest. In circumstances where a dispute cannot be resolved, the matter may be brought before the Court of Protection (COP).
Challenging a Deprivation of Liberty
If the person you represent is objecting to their care arrangements, you have a duty to support them in exercising their rights under Section 21A of the Mental Capacity Act by applying to the Court of Protection to challenge the Deprivation of Liberty even if you do not agree with the challenge being made. As the RPR you also have the right to apply to the court if you object to the care arrangements.
The Court of Protection is a specialist court that deals with situations affecting individuals who may lack the capacity to make specific decisions. It has the authority to determine whether a person has the capacity to make a particular decision, whether an action is in their best interests, and the validity of Lasting and Enduring Powers of Attorney, among other powers.
You will need to contact a solicitor experienced in such applications and, you have a statutory right to be supported by a specialist Independent Mental Capacity Advocate (IMCA). If you or the person being deprived of their liberty requires the support of an IMCA you must request that Stockport Council instruct an IMCA to act on your behalf. Legal aid funding is available to cover the costs associated with the application, legal representation, and court proceedings. The possible outcomes of the court ruling include the continuation of the DoLS Authorisation, variations to the restrictions pertaining to the DoLS, implementation of an alternative deprivation, or the cessation of the Deprivation of Liberty.
If an RPR can no longer meet the responsibilities of the role (as outlined above) then they should notify Stockport Council so that an alternative RPR can be appointed.