A Deprivation of Liberty Safeguards (DoLS) assessment is a process used to determine whether a person qualifies for safeguards related to the deprivation of their liberty. These assessments are carried out under the Mental Capacity Act 2005 and are applicable in both England and Wales.
A Deprivation of Liberty Safeguards (DoLS) assessment ensures that any restriction on an individual’s freedom in a care setting is in their best interests. This assessment determines whether the deprivation of liberty is justified and grants authorisation if necessary.
The assessment secures that individuals who lack the mental capacity to make decisions about their care in a hospital or care home are protected from unnecessary restrictions on their freedom.
Purpose:
It safeguards the rights of vulnerable individuals, ensuring any deprivation of liberty is necessary, proportionate, and in their best interests.
Who it Applies To:
This applies to individuals in England and Wales, typically in care homes or hospitals, who cannot consent to their care arrangements.
What is Assessed:
Care providers typically request the assessment from local authorities for individuals in care homes or hospitals. A different system applies if a person is living in a supported environment. Concerns about deprivation of liberty should first be discussed with the person’s care provider, and local authorities can be contacted if needed.
The Deprivation of Liberty Safeguards (DoLS) assessment involves six components to determine if a person’s care meets the criteria for restricting their liberty. These include age (must be over 18), having a mental disorder, lacking the capacity to make decisions, ensuring it is in the person’s best interests, eligibility (not subject to the Mental Health Act), and no conflicts with prior decisions. Assessors evaluate records and conduct face-to-face or virtual assessments where appropriate. If authorised, the deprivation is subject to regular reviews.
Rights and Safeguards
The individual and their representative (whether a family member, carer, or advocate) will be informed about the assessment process. If authorised, a Relevant Person’s Representative (RPR) will be appointed to support the person and challenge the authorisation when needed. They retain the right to challenge the deprivation of liberty through the Court of Protection, and regular reviews will ensure the deprivation remains necessary.
What Carers Should Do
Carers should provide accurate information about the person’s care and needs. They must consider the individual’s views and past preferences, ask questions if unsure, and work with assessors to explore less restrictive alternatives.
We have a nationwide panel of Best Interests Assessors (BIAs), each with a minimum of two years’ post-qualification experience. Our BIAs regularly complete annual refreshers and attend forums to maintain up-to-date knowledge, ensuring availability for Local Authority Area Work.
Specialist Expertise:
Our BIAs have exceptional communication skills and a strong commitment to safeguarding the human rights and safety of those they assess. With extensive experience, they work with individuals with complex needs, guided by the BIA 6 Capabilities Framework. They are well-versed in the Mental Capacity Act 2005, Human Rights Act 1998, and Mental Health Acts of 1983 and 2007.
Our BIAs collaborate with all individuals involved in the person’s care, ensuring a holistic approach. This includes family members, key workers, those with Lasting Power of Attorney, or Court-Appointed Deputies. They also critically review health and care records and consult with Section 12 Doctors to make informed decisions.
Quality Assurance:
We pride ourselves on maintaining the highest standards. AACA has implemented a rigorous Quality Assurance Framework overseen by Donna Whitehead, our Panel Manager with over 20 years of experience.
All assessments undergo compliance checks using our DoLS Audit Assessment Tool and Person’s Record Check. Our primary goal is to ensure all assessments meet legal frameworks while delivering the best possible outcomes for individuals.
Learn more about how we can conduct our DoLS Assessments by following Ben's story.
Click HereEfficiency Savings for Local Authorities
Streamlined Processes: Our experienced panel is adept at managing multiple assessments simultaneously, reducing your team’s workload and ensuring that assessments are completed in a timely manner.
Cost-Effective Solutions: By pinpointing unnecessary expenditures and helping reallocate resources more effectively, local authorities can achieve significant cost savings. We aim to ensure that every penny spent contributes directly to the well-being of those in your care.
Focused Resource Allocation: Our assessments help determine where staff and financial resources are best directed, minimising waste and maximising the impact of your care strategies.
Advanced ACA always ensures that conducting a DoLS Assessment is adapted to the individual’s unique communication needs and preferences.
If you’re looking for a partner who understands the complexities of adult care and can provide insightful, evidence-based support packages, AACA is here to help. Contact us today to discuss how we can support you to ensure the best possible outcomes for the individuals in your care.
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