Supervision and Review of Deprivation of Liberty Safeguards (DoLS)

Decision Making and Conditions

The supervisory body makes critical decisions based on assessments:

• If any assessment shows non-compliance with DoLS requirements, authorisation is refused.
• Authorisation duration: It should be for the shortest necessary period.
• Conditions: May be attached, reflecting recommendations from the best interests assessor.

Issuing and Responsibilities Post-Authorisation

Following authorisation, responsibilities are as follows:

• Distribution: A copy is given to the individual, managing authority, relevant person’s representative, and all consulted parties.
• Managing Authority: Ensures the individual understands their rights, including review procedures and access to advocacy.
• Role of Representative: Appointed to support the individual throughout DoLS, independent of financial interests or employment with the care facility.

Review and Termination

Review process and criteria for termination:

• Reviews can be conducted at any time or must occur if criteria are no longer met or circumstances change.
• Capacity Fluctuations: Fresh authorisation may be necessary if capacity is in question.
• Expiration and Renewal: Authorisation expires within a specified time, max 12 months; renewal required if still necessary.

Handling Disputes and Disagreements

Procedure for disputes:

• Disputes can be raised by anyone concerned, including staff.
• Informal Resolution: Initial attempt via discussion.
• Formal Procedures: Follow care home or hospital complaints system if informal resolution fails.
• Further Recourse: Review existing authorisation or apply to the Court of Protection if needed.

If no DoLS authorisation exists and there's disagreement over imposed urgent authorisation by the duty manager, local authorities can investigate potential unlawful deprivation of liberty.