DoLs Standard Authorisation: Anyone with experience of this?

The long and sorry saga of my mum in care continues. She has now been away from home since July 24 and, up until now, has been in 2 Rehab Hospitals (on separate occasions) and twice in the same care home, where she remains!

Because we refused/cannot have a hospital bed in our tiny flat, she remains detained and, as a result, is deteriorating both physically and mentally by the day.

Having made a formal complaint to Adult Social Care in our London Borough, she was finally allowed a visit from her private physios. After months of being left lying on a bed with no exercise whatsoever, mum’s rehab is going to be a challenge. Naturally, she would have a far better chance of regaining her strength (and sanity!) back home where she could also receive physio on a regular basis.

She is in this position because of 2 separate Best Interests Meetings, held on the assumption she ‘lacked capacity to make her own healthcare decisions’. When mum first left hospital with her leg in a cast (almost 9 months ago) I can assure everyone she had perfect capacity to decide where she wanted to live and who she wanted to provide her care. Because she was stressed when having questions fired at her, they decided she lacked capacity!!!

Over 6 months on, she is still detained in care. Having sought legal advice, I was told to find out from her care home if a Standard Authorisation for Deprivation of Liberty was in place. I contacted the care home just over a week ago.

The manager was on leave, the area manager was on leave … I received an automated email advising me to contact the Deputy Manager! I telephoned and asked her if there was a Standard Authorisation for a DoLs in place. Her reply was … ‘Erm, NO’! A couple of days later, I received the following email from the Manager:

Dear ArtsyMo,

Apologies you contacted me while I was on leave.

I understand my Deputy (*****), may have provided the feedback you requested, below.

I can also confirm that we made the DoLs application on 08/10/2020 for your Mum, but have not had any visits or assessment done.

***** chased Camden services for update on the application today.

REALLY??? :dry:

Just 2 days after that reply, having waited for over a month, I suddenly received a response from Adult Social Care to my complaint! Among the usual excuses and waffle, they started referring to a DoLs Standard Authorisation!!! Eh? What brought that on? I never mentioned any DoLs in my complaint. To be honest, a month ago, I’d never so much as HEARD of it!

According to ASC, ‘it was evident in the DoLs Form 4, completed by Dr ***** ****** on 10.10. 2020 that my mum had some cognitive impairment from when she was in hospital’ … ??? The letter went on to state: I should have received a copy of this last year as I am the RPR for the DoLs Standard Authorisation. If I needed a new copy (or didn’t receive it) I should let them know and they’ll request the DoLs team to resend the documents … ??? :-???

And just in case you were thinking this couldn’t get more bizarre, they added this: There is a Standard Authorisation for Deprivation of Liberty in place for 6 months, which is due to be reviewed and for which you are RPR. In cases where there is continued dispute, it is appropriate to refer to the Court of Protection, in order to make the decision … blah … blah … waffle.

I would like to know what anyone thinks of this? I notice they used the present tense for the DoLs, as opposed to the past. ‘There IS a DoLs IN place for 6 months’ … Not, HAS BEEN!

WHY bring up this subject when I never mentioned it? NO one (including the social worker) has ever referred to this. Obviously, the care home had contacted ASC in a flurry, following my enquiry. Having since read up on the entire process, I ask myself, where was the (legal) assessment, which consists of many parts? How has the care home got no documents when, surely, they MUST have these BY LAW? Mum knew nothing of this, I certainly didn’t, NO one had a clue!!!

I contacted CQC 2 days ago and they’re sending an inspector into the care home. Our case has since been taken up by a specialist law firm. Mum will get Legal Aid as she receives Pension Credit.

What’s been going on here? Eh???

edited by moderator to protect identity

If there isn’t a DOLS in place then they can’t stop her leaving.

However, it could be that there is one in place and due to inefficiency it wasn’t sent to you or the care home.

If the regulations re mental capacity assessment and applying the DOLS haven’t been followed, then the legal representative should be able to make mincemeat of them.


Hello artsymo
The only thing I can tell you is, my husband was in a nursing home. Sadly he hadn’t capacity. He had DoLs renewed every year, but was I was always informed in advance. He couldn’t escape if he wanted to ( am sure he would have tried if he could during the 1st few months!) Was told it’s a legal requirement for safety.
Not sure this is any help to you, except for the fact that I was always informed. You haven’t been informed, which in the very least is discourteous!! To me, the have slipped up, and trying to hide the fact.
I had one copy, where the assessor wrote the my husband’s spouse was no longer living. As you can imagine I was very annoyed. I went to the manager and asked if I looked dead!! As if things aren’t distressing and heartbreaking enough, without such stupid typo errors that obviously weren’t checked before hand.
Am sorry you are going through this, and hope you get some truthful answers.