DoLS assessment process
When we get an application for a DoLS authorisation, we organise a series of assessments.
These assessments are carried out by trained staff called Best Interest Assessors (BIAs) and qualified doctors.
They check that the care proposed or taking place is:
- for a person who lacks capacity to decide on their care
- necessary to prevent harm
- the least restrictive way to keep the person safe
- in the person’s best interests. They’ll consider the person’s beliefs and wishes as well as those of people close to them
- legal and compatible with other care legislation.
If we authorise a deprivation of liberty
We'll authorise a deprivation of liberty for a maximum of 12 months.
After 12 months, the person’s care must be reviewed. We can renew the deprivation of liberty or put other care measures in place following this review.
Some authorisations will include conditions to maintain the person’s welfare. Conditions can include:
- reviewing covert medication regimes in line with guidelines
- updates to or completion of new Mental Capacity Assessments
- reviewing ‘do not attempt resuscitation’ (DNAR) orders.
Appointing a representative
We'll appoint a representative for the person being deprived of their liberty.
This is usually a family member or friend.
The representative’s role is to provide support to the person being deprived of their liberty. They can help them understand what is happening and speak up for them. They can also request a review of their care.
Appeals
If the person deprived of their liberty, their family or friends think that it’s not fair, they have right to appeal the decision in a court of law.
Find out more about how to appeal a deprivation of liberty order on the GOV.UK website.
Reviews
If circumstances change, the hospital or care home should apply for a review.
The person deprived of their liberty, or their representative, can also request a review.
We must carry out our own review every 12 months.