The Deprivation of Liberty Safeguards is the procedure prescribed in law when it is necessary to deprive of their liberty a resident or patient who lacks capacity to consent to their care and treatment in order to keep them safe from harm.
What is an example of deprivation of liberty?
For example, a care home or staff in a hospital may stop the person from walking around at night or leaving the building, or give them medications that may affect their behaviour . Sometimes, taking away a person's freedom in this way is defined in law as a ‘deprivation of liberty'.
What is the meaning of deprivation of liberty?
What is deprivation of liberty? ... Deprivation of liberty means taking someone's freedom away . On 19 March 2014 a Supreme Court judgement decided that someone is deprived of their liberty if they are both ‘under continuous supervision and control and not free to leave'.
What does DoLS actually mean?
March 2021. About this factsheet. This factsheet looks at the Deprivation of Liberty Safeguards (DoLS). These relate to people who lack the mental capacity to make decisions about their care and treatment, and who are deprived of their liberty in a care home or hospital.
Can you give me an example of deprivation of liberty?
For example, if you do not understand the information and are unable to make a decision about your treatment, you are said to ‘ lack capacity ‘ to make decisions about your treatment.
What are the five principles of DoLS?
- Principle 1: A presumption of capacity. ...
- Principle 2: Individuals being supported to make their own decisions. ...
- Principle 3: Unwise decisions. ...
- Principle 4: Best interests. ...
- Principle 5: Less restrictive option.
What is the best interest checklist?
- The checklist. ...
- Encourage participation of the person. ...
- Identify all relevant circumstances. ...
- Find out the person's views. ...
- Avoid discrimination. ...
- Assess whether the person might regain capacity. ...
- Consult others. ...
- Avoid restricting the person's rights.
What's another word for deprivation of liberty?
deprivation of freedom; apprehension; arrest; capture; detention ; deprivation of liberty; physical force.
Can liberty be taken away?
Liberty can be taken away as a form of punishment. In many countries, people can be deprived of their liberty if they are convicted of criminal acts. The word “liberty” is often used in slogans, such as “life, liberty, and the pursuit of happiness” or “Liberty, Equality, Fraternity”.
What age does deprivation of liberty apply?
The statutory framework of the Deprivation of Liberty Safeguards (DoLS) does not apply to those under 18 years of age . For under-18s, a legal framework must be placed around the arrangement in order to ensure that the deprivation of liberty is lawful.
What does DoLS allow you to do?
DoLS ensures people who cannot consent to their care arrangements in a care home or hospital are protected if those arrangements deprive them of their liberty. Arrangements are assessed to check they are necessary and in the person's best interests.
What are the 6 DoLS assessments?
The DoLS assessment makes sure that the care being given to the person with dementia is in the person's best interests. There are six parts to the assessment: age, mental health, mental capacity, best interests, eligibility and no refusals .
Who does the Mental Capacity Act apply to?
The Mental Capacity Act (MCA) is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment. It applies to people aged 16 and over .
What are the three conditions for using deprivation of liberty?
The United Nations Rules for the Protection of Juveniles Deprived of their Liberty should be applied without discrimination of any kind as to race, colour, sex, age, language, nationality,religion, political or other opinion, cultural beliefs or practices, birth or family status, property, ethnic or social origin, and ...
What is unlawful deprivation of liberty?
Deprivation of liberty means taking away someone's right to freely move around and live where they want to live . Proper processes must be followed when someone is deprived of their liberty and it can only be done in accordance with the Mental Capacity Act 2005 and/or Court of Protection.
What is mental capacity?
Having mental capacity means being able to make and communicate your own decisions .
