Deprivation of Liberty Safeguards

From WikiMentalHealth

The Deprivation of Liberty Safeguards are the attempt by the Government to bridge the "Bournewood gap", so that all those lacking capacity deprived of their liberty within the meaning of Article 5(1)(e) have safeguards consistent with the requirements of Article 5(1) and 5(4).

Related cases

See the following categories:

• Category:Deprivation of liberty and Category:Capacity

The case which started it all was:

• HL v UK 45508/99 (2004) ECHR 471 — 'Informal' compliant incapacitated patient was deprived of his liberty, with lack of procedural safeguards or access to court, in breach of Art 5(1) and (4).

Related legislation

• Article 5

• Mental Capacity Act 2005

Pages from Category:Mental Capacity Act 2005 secondary legislation - DOLS:

• Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (Commencement No 1 and Transitional Provisions) Order of Council 2009 — Yes, that is the real name. Among other over-complicated things, transitional arrangements relating to psychologist AMHPs and BIAs come into force on 1/7/09. Until 30/6/12, they can either be chartered psychologists (registered by the BPS) or psychologists registered by the HPC. It is expected that before the end of the transitional period the legislation will be amended to refer only to those registered by the HPC.

• Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) (Amendment) Regulations 2008 — In force 3/11/08.

• Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) Regulations 2008 — In force 3/11/08.

• Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) (Wales) Regulations 2009 — In force 1/4/09 (subject to annulment).

• Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009 — In force 1/4/09 (subject to approval).

• Mental Capacity (Deprivation of Liberty: Monitoring and Reporting; and Assessments - Amendment) Regulations 2009 — In force 1/4/09, subject to approval by resolution of each House of Parliament. Relates to (1) the role of the Care Quality Commission in monitoring schedule A1 and (2) two amendments relating to (a) insurance/indemnity of assessors, and (b) recovery of expenditure between local authorities.

• Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 — In force 3/11/08.

• Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 — In force 1/4/09. This order brings into force the provisions in relation to IMHAs for England (they are already in force in Wales). It also commences the deprivation of liberty safeguards, and introduces transitional provisions: provided the applications are received on or before 30/4/09, 42 days (instead of 21) are allowed for completing assessments for a standard authorisation, and urgent authorisations last for 21 days (instead of 7); urgent authorisations given on or before 30/4/09 cannot be extended.

• NHS Bodies and Local Authorities Partnership Arrangements (Amendment) Regulations 2009 — These Regulations amend the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 to include Schedule A1 to the Mental Capacity Act 2005 (the Mental Capacity Act Deprivation of Liberty Safeguards) as a function of NHS Bodies. This will enable primary care trusts to enter into formal partnership arrangements with local authorities. In force 1/4/09, immediately after the coming into force of the Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008

Details of the introduction of DOLS by the MHA 2007:

• Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005 (April 2009)

Other documents

• Mental Capacity Act 2005 Code of Practice Deprivation of Liberty Safeguards supplement

• Deprivation of Liberty Safeguards Standard Forms

• Mental Health Act 2007 Explanatory Notes - pages 35-42

External links

DH DOLS web page - This is the main port of call for up-to-date Government information on the safeguards.

The following are the main MCA DOLS information booklets:

• Deprivation of Liberty Safeguards: A guide for hospitals and care homes - 12/2/09

• Deprivation of Liberty Safeguards: A guide for primary care trusts and local authorities - 12/2/09

• Deprivation of Liberty Safeguards: A guide for relevant person's representatives

• Making decisions: The Independent Mental Capacity Advocate (IMCA) service

• Mental Capacity Act 2005 Deprivation of Liberty Safeguards: A guide for family, friends and unpaid carers - 6/3/09

MCA DOLS newsletters:

• Issue 3 (April 2009)

• MCA DOLS News - Issue 2 - published 26/11/08

Other documents from the DH website:

• Dear Colleague letter: The NHS and people lacking mental capacity - 13/7/10 - This letter was sent as a result of the under-use of DOL Safeguards and IMCA services in places

• The Mental Capacity Act 2005 Deprivation of Liberty Safeguards – the early picture - published 25/5/10, dated April 2010 - This document discusses recently-published statistics, and deals with five practice issues entitled (i) The choice of the Relevant Person’s Representative (RPR), (ii) Where a DOL is not authorised, (iii) Setting conditions and effective care planning, (iv) The involvement of the Court of Protection in proposals of “no contact” with named individuals, and (v) Where an authorisation fails to resolve a dispute

• Lists of supervisory bodies' contact details: (1) PCTs; (2) local authorities. Updated very regularly - see main DH DOLS page (link above) for latest version

• Guidance on the completion of the Deprivation of Liberty Safeguards data collation sheet - version 1.5 22/6/10

• Arrangements under paragraph 183(4) of Schedule A1 to the Mental Capacity Act 2005 between the Secretary of State and the Welsh Ministers - 1/4/09 - "[These arrangements] set out that where questions about a person's ordinary residence arise in relation to which local authority should act as the supervisory body, the Secretary of State will determine cross-border ordinary residence disputes between England and Wales where the person to whom the dispute relates is accommodated in a care home in England. The Welsh Ministers will determine cross-border disputes where the person to whom the dispute relates is accommodated in a care home in Wales."

• "DOLS and you" document - 31/3/09

• Dear Colleague letter: The Mental Capacity Act 2005 Deprivation of Liberty Safeguards (MCA DOLS) - 5/3/09 - "This letter from David Nicholson outlines roles and responsibilities for health and social care providers under the Mental Capacity Act 2005 Deprivation of Liberty Safeguards which 'go live' on 1 April."

• MCA DOLS and Section 75 partnerships under the National Health Service Act 2006 - 10/2/09

• Mental Capacity Act 2005 Deprivation of Liberty Safeguards: consultation on the Mental Capacity (Deprivation of Liberty: Monitoring and Reporting) and (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) (Amendment) Regulations 2009 - consultation from 19/12/08 to 30/1/09

• Mental Capacity Act (Deprivation of Liberty: Monitoring and Reporting; and Assessments - Amendment) Regulations 2009 - response to the consultation - published 23/2/09

• "What are the Mental Capacity Act Deprivation of Liberty Safeguards?" - introductory leaflet in English and various foreign tongues, published 15/12/08

Welsh MCA website (under construction) will contain:

• Welsh Guidance for Managing Authorities

• Welsh Guidance for Supervisory Bodies (copy)

Other links:

• London Borough of Barnet: DOLS Procedures and Forms overview chart - March 2009

• Mental Health Alliance: Deprivation of Liberty Safeguards: an initial review of implementation - 13/7/10 - This report is critical of the implementation of the DOL Safeguards

Recommended books