Deprivation of Liberty Safeguards
“The Law Commission recommends that DoLS are repealed as a matter of urgency, and are replaced by a new scheme called the Liberty Protection Safeguards. This intends to streamline the process for assessing whether a deprivation of liberty is necessary, and obtaining the required authorisation. The Liberty Protection Safeguards would also authorize particular arrangements and conditions for a person’s care or treatment, rather than simply authorising a deprivation of liberty… Under the new scheme, when there is a potential deprivation of liberty, the responsible body – the NHS body or local authority – arranges three assessments: a capacity assessment, a medical assessment, and a ‘necessary and proportionate’ assessment. They must also consult with friends and family of the relevant person. Each case is verified by an ‘independent reviewer’ ”
The Liberty Protection Safeguards are in the pipeline they are not expected to come into force until early 2020; in the interim clinicians will continue to be faced with difficult situations; depriving a patient of his or her liberty is a significant decision to make.
This masterclass will explore the DoLS as they currently stand and examine the practical implications; from determining the difference between a restriction and a deprivation through to capacity assessments, best interest assessments and the interface between the MHA and MCA.
This one-day training course will enhance a practitioner’s understanding of the principles and how to apply them in practice.
- what the safeguards are
- what the procedure currently is
- what the procedure is likely to look like going forward
- what the current assessments involve (with particular focus on capacity and best interests)
- the difference between restraint, restriction and deprivation
- record keeping
- the impact of recent case law on day-to-day practice