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Deprivation of Liberty Safeguards (DOLS)
The Mental Capacity Act 2005 has been amended to incorporate DOLS, which comes into effect on the 1st April 2009.
The MCA DOL safeguards apply to anyone:
- aged 18 and over
- who suffers from a mental disorder or disability of the mind – such as dementia or a profound learning disability
- who lacks the capacity to give informed consent to the arrangements made for their care and / or treatment and
- for whom deprivation of liberty (within the meaning of Article 5 of the ECHR) is considered after an independent assessment to be necessary in their best interests to protect them from harm.
The safeguards cover patients in hospitals, and people in care homes registered under the Care Standards Act 2000, whether placed under public or private arrangements.
The aim is to implement the safeguards in April 2009. The safeguards are designed to protect the interests of an extremely vulnerable group of service users and to:
- ensure people can be given the care they need in the least restrictive regimes
- prevent arbitrary decisions that deprive vulnerable people of their liberty
- provide safeguards for vulnerable people
- provide them with rights of challenge against unlawful detention
- avoid unnecessary bureaucracy
We offer full day awareness training sessions and half day briefing sessions for the MCA DOL Safeguards.
Our trainers are also experienced project managers and consultants for Local Authorities and PCTs in managing the implementation of the MCA and DOLS.
Email: Diane Brown
d.e.brown (at) btopenworld (dot) com
quoting Majella Greene Associates for further information
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