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Deprivation of liberty safeguards interagency policies and procedures (March 2009) (revised January 2012)

Deprivation of Liberty Safeguards (DoLS)Interagency Policies and Procedures March 2009 Revised January 2012 - Gloucestershire County Council.

 

Please note the Deprivation of Liberty Safeguards Interagency Policies and Procedures are pending review following the outcome of the Law Commission review of the DoLS. 

 

The Deprivation of Liberty Safeguards (DoLS) 2007 are an amendment to the Mental Capacity Act (MCA) 2005

The safeguards apply where that person's care is being delivered in a registered care home or hospital and has not been authorised under the Mental Health Act 1983.

They will prevent arbitrary decisions to deprive a person of their liberty and provide a robust and transparent framework in which to challenge deprivation of liberty authorisations. The safeguards therefore protect the rights of vulnerable individuals.

This document provides a local framework for the implementation of the Deprivation of Liberty Safeguards within Gloucestershire and aims to set out the processes and procedures that must be followed by those that have a duty of care towards a person who is, or may become deprived of their liberty. This includes both Managing Authorities and the Supervisory Bodies.

The policy covers the processes involved with requesting, assessing, granting and reviewing standard authorisations for deprivation of liberty from the perspective of both the Managing Authorities applying for the authorisation, and the Supervisory Body who assess and grant the authorisation in Gloucestershire.

It outlines how the Supervisory Bodies will deliver the duties required by the Deprivation of Liberty Safeguards through a combined service (jointly managed by Gloucestershire County Council and Gloucestershire Primary Care Trust) in order to deliver a single care pathway.

The DoLS Code of Practice is a supplement to the overarching MCA Code of Practice. They provide a legal framework to protect those who may lack the capacity to consent to the arrangements for their treatment or care and where levels of restriction or restraint used in delivering that care are so extensive as to be depriving the person of their liberty. These Codes of Practice should remain the main point of reference for staff working with deprivation of liberty issues.

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