The DHSC has published updated Deprivation of Liberty Safeguards forms, prepared in conjunction with the Association of Directors of Adult Social Services (ADASS) in England.
The amended forms are for use by Local Authorities acting as Supervisory Bodies under the Mental Capacity Act Deprivation of Liberty Safeguards regime. They are not aimed at healthcare providers acting as a Managing Authority; however, it is useful for those involved in DoLS requests to familiarise themselves with the new forms.
The reason for this is that case law (AJ v A Local Authority) highlighted issues around those being deprived of their liberty needing to have access to the Court of Protection (CoP) and the responsibility of Local Authorities, within their role as a Supervisory Body, to facilitate this.
This is reflected in the expectation, for example, that a Local Authority consider the purpose of “respite” placements and whether any Relevant Person's Representative (RPR) who would be represented would ensure that an anomaly or objection to a DoL would be brought to the attention of the CoP. For further information, see Form 3: Selection of Representative and Form 3B: Renewal with Capacity Assessment, in particular.
If you require any help with DoLS related issues, do get in touch with Jill Weston or Samuel Lindsay.
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