The Deprivation of Liberty Safeguards provide legal protection for those individuals who are 18 years old and above and who are, or may become deprived of their liberty within the meaning of Article 5 of the European Convention of Human Rights, in a hospital or a care home. These safeguards exist to provide a proper legal process and protection in circumstances where a deprivation of liberty appears to be unavoidable and in an individual’s best interest.
On 19 March 2014 The Supreme Court delivered its judgment in the cases of P&Q and Cheshire West. This judgement will have a significant impact on the Trust in relation to deciding which legal framework should be used to admit and provide care and/or treatment for individuals who may lack the capacity to consent to their admission and informal admissions to hospital.
The new working definition of ‘Deprivation of Liberty’ must now be applied and the use of any other definition or the exercise of any personal or professional discretion is highly likely to be unlawful.
There are three parts to the new definition and all three must exist together for the situation of the patient to be a deprivation of liberty. The three parts are: the person is subject to continuous supervision and control and the person is not free to leave.
In order to ensure transparency RDaSH have developed an action plan to demonstrate the Trusts commitment to fulfilling the requirements of the new definition of the Deprivation of Liberty and are legally compliant.
DoLS forms and latest guidance (1 July 2015)
- DoLS Forms Guidance 2015