Adults
The DoLS apply to adults (aged 18 or over) who are being cared for in a registered care home or a hospital, who are being deprived of their liberty in that setting and who lack the capacity to consent to the arrangements. There are certain categories of people who are exempt from the DoLS scheme because their care arrangements are authorised by some other means, for instance under the Mental Health Act.
What about incapacitated adults who are not being cared for in a registered care home or hospital?
If an incapacitated adult’s care arrangement deprive them of their liberty in a different kind of setting, for instance in an independent living scheme or in their own home, the deprivation of liberty must be authorised by the Court of Protection.
What about young adults aged 16 – 18?
If a young adult is being deprived of their liberty in a care home, hospital or other setting and lacks capacity to consent to those arrangements, they should have their deprivation of liberty authorised by the Court of Protection. A parent cannot consent to a deprivation of liberty for a child over the age of 16.
If you are unsure about how this issue will affect you, or you are concerned that care arrangements are restrictive or not in a person’s best interests you should first contact your Local Authority (or the body caring for you / your family member/friend) and request additional information from them about the assessment process and decision being taken.
If you are the parent of a child approaching the age of 16 who is being cared for in circumstances which may be depriving them of their liberty you should be aware that the Court of Protection may need to approve future arrangements.
Hugh Jones Solicitors are experts in advising on issues of deprivation of liberty and can assist you with advice about these issues including how to challenge a decision should the need arise.
Contact our experts for a free initial discussion -
Hugh Jones Solicitors have experts in in this complex field who can help you with advice and drafting of an LPA for Health and Care and documenting your Advance Decision Making.
Contact info@hughjonessolicitors.co.uk or call us on 0161 871 3680 for a free initial chat.