For every person in a hospital or care home who lacks capacity, the following should be considered:
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 programme and deprive the person of their liberty. The supervisory body will then carry out a series of assessments to decide if it is right to deprive the person of their liberty.
Codes of Practice
The Mental Capacity Act 2005 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.
All requests for authorisation of a Deprivation of Liberty need to be completed using the DoLS Form 1.
All requests for authorisation of Deprivation of Liberty from managing authorities are processed by the DoLS Team for Stockton-on-Tees Borough Council. From 01 March 2015, all forms need to be sent directly to the DoLS Team in the following ways:
Secure email: email@example.com from a secure email.
Password-protected email: firstname.lastname@example.org
If you are sending by password-protected email you will need to contact us first for the password. The password must not be supplied by you in a separate e-mail.
For any queries about the application process please contact Elaine Lamb on telephone: 01642 528460 or email: email@example.com. Address: DoLS Team Office Address, 2nd Floor, Queensway House, Billingham, Stockton-on-Tees, TS23 2NL.
In exceptional circumstances you can apply to request an extension of up to 7 days to an urgent authorisation. This request is contained in the DoLS Form 1.
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 that requires the authorisation to be altered, temporarily suspended or terminated altogether. This includes when the relevant person changes residence or dies.
Blank forms to download and complete
Form 10: Review of Current Authorisation (this form is shared with the supervisory body)
Examples of completed forms
Each time an application is made to deprive someone of their liberty you must notify the CQC of the application and of the outcome. This can be done by using the standard forms which can be downloaded from the Care Quality Commission website.