When can an authorisation be put in place?

There are several assessments that need to be undertaken before a deprivation of liberty can be legally sanctioned. These include:

• Establishing that the person is 18 or over (different safeguards apply for children);
• Establishing that the person is suffering from a mental disorder (as recognised by the Mental Health Act). This can include conditions like dementia and schizophrenia;
• Establishing that the person lacks capacity to consent to the restrictions which are proposed, so they can receive the necessary care and treatment;
• Establishing that the restrictions would deprive the person of their liberty;
• Establishing that the proposed restrictions would be in the person’s best interests;
• Considering whether the person should instead be considered for detention under the Mental Health Act;
• Establishing that there is no valid advance decision to refuse treatment or support that would be overridden by any DoLS process; and
• Establishing whether there is a person who holds Lasting Power of Attorney (LPA) or whether a Deputy for the person’s health and welfare has been appointed.

The key legal requirements for depriving someone of their liberty is that they do not have the capacity to make a decision themselves as to where they should live and receive support, and that it is in their best interests to deprive them of their liberty by providing care to them in a specific regulated environment (i.e. a hospital or care home).

Once all of the above assessments have been completed and the supervisory body has scrutinised  these assessments, they will then put in place a standard authorisation. This can last for a maximum of 12 months, and conditions can also be attached to the standard authorisation to try and improve matters for the deprived person.