If you or a loved one are in a care home or hospital in Wales and need to be detained for your own safety, you will probably hear the term ‘Deprivation of Liberty Safeguards’ (DoLS). It is however important that you understand what DoLS are and how they can help you?
DoLS are part of the Mental Capacity Act 2005, and they exist to protect people who can’t make certain decisions for themselves because of conditions such as dementia, learning disabilities, or brain injuries.
So, if people are under constant supervision or are not free to leave a care setting for their own safety, DoLS ensure the supervision or detention is done lawfully, fairly, and is in their best interests. Furthermore, before a person’s liberty can be restricted the local authority must carry out checks to confirm that it is truly necessary and that there is not a less restrictive way to provide adequate care.
Sometimes, a DoLS authorisation will need to continue beyond its original timeframe. When this happens, a Section 21 extension comes into force which allows the existing authorisation to be extended for up to 12 months without starting a new application. This ensures continuity of care whilst still protecting the person’s rights.
If the restricted person or their family believes that a DoLS authorisation is unnecessary or no longer in their best interests, they can challenge it through the Court of Protection.
People affected by DoLS or mental capacity decisions are entitled to help from an Independent Advocate – someone who makes sure their voice is heard and their wishes are represented.
At GHP Legal we have specialist solicitors who can act on your behalf and help you to challenge your or your loved one’s deprivation of liberty and seek a more suitable care arrangement. Whether this is securing a move to a more suitable placement, or even supporting a return home if the court agrees it is safe and appropriate, we will ensure that your voice is heard and the rights, wishes and welfare of the detained person are at the centre of the court’s decision-making.
