DoLS - has anyone got any experience of these?


Yesterday I found out that my father was put on a DoLS (Deprivation of Liberty Safeguards ?) by the hospital in May. Although I have lasting power of attorney I was not consulted or informed - nor was any of my fathers family or our solicitor. This is frustrating as we have been liaising closely with the hospital over his discharge. We only found out because my father wanted to go outside for fresh air but I was not allowed to take him. I have challenged the lawfulness of this as the code of practice on DoLS says we should have been consulted and informed. I had never come across these authorities before - has anyone else any experience of the process?

Today I received a letter saying that my behaviour was unreasonable and that to continue visiting my father I have to agree to a contract whereby I agree, amongst other things, to respect the advice of the medical team. I am very surprised by this - I have always respected their advice although I dont always agree with it it . Even though I can be firm I have always been polite, but feel as lasting power of attorney I should be able to ask questions and when I dont agree with advice ask for another option or opinion. Obviously I want to continue to be able to visit my father but dont want to sign the agreement as it might look as though I am saying my behaviour hasnt been reasonable (I would say it has been very reasonable given what they have put us through) and I dont want it to be used against me in the future. Any thoughts or views~? Unfortunately PALS and the Complaints Team in the hospital are not currently operating or answering emails etc…

Is your LPA Medical or Financial.

I think unless it’s Medical there’s not much you can do other than rely on the safeguards of the DoL. If the DoL is granted, you can challenge that by asking for a review of the authorisation, or appealing to the Court of Protection.

Before the deprivation of liberty is authorised, you will have six assessments, which may take place at the same time. You cannot have your liberty taken away unless all the six assessments are met.
Six assessments

An age assessment, to make sure that you are aged 18 or over.

A mental health assessment to confirm that you have been diagnosed with a ‘mental disorder’ within the meaning of the Mental Health Act.

A mental capacity assessment to see whether you have capacity to decide where your accommodation should be. If you have, you should not be deprived of your liberty and the authorisation procedure should not go ahead.

A best interests assessment to see whether you are being, or are going to be, deprived of your liberty and whether it is in your best interests. This should take account of your values and any views you have expressed in the past, and the views of your friends, family, informal carers and any professionals involved in your care.

An eligibility assessment to confirm that you are not detained under the Mental Health Act 1983 or subject to a requirement that would conflict with the Deprivation of Liberty Safeguards. This includes being required to live somewhere else under Mental Health Act guardianship.

A ‘no refusals’ assessment to make sure that the deprivation of liberty does not conflict with any advance decision you have made, or the decision of an attorney under a lasting power of attorney or a deputy appointed by the Court of Protection.

Thank you - I have health and. welfare LPA.

I’m so sorry you are still going through this awful time.
My husband was on DoLS . Different circumstances to yours. The 1st one shocked me to the core. Was renewed every year, in the nursing home. Each time I was informed well in advance, and always had a copy of the discussion they had with hubby. Had reason to challenge it once. Disgraceful you weren’t told in advance, and you have every right to demand a copy of what transpired. Your right, not you asking for a favour.

I’d never heard of this before so I found this from MIND which I thought may be more consumer friendly than explanations from the authorities.

I haven’t read it yet.

It seems they are cutting you off from your father’s care, though I hope I’m not over reacting. I find it shocking and I wish it was not happening to you.

Although it may be very difficult for you to do, I’d suggest you take the weekend or at least one day off and come back to researching what it all means on Monday. Take care. xxx

I suppose the main question to ask is what does the hospital, or authority executing the DoL, intend to do with your father, i.e., keep him in hospital, discharge him to live with you or discharge him elsewhere, and the timeframe. Did they tell you during your zoom meeting? What was the outcome of that session?

Can you consult with your father’s lawyer before signing that letter? I wouldn’t advocate your signing anything before you understand what’s going on.

I suppose you will have to comply with the medical team, usually they know what is best. Although i think you should raise your concerns with the people involved and get the feel of why they feel that way. You dont need to make a complaint, this is something that can be dealt with on site.