I have been diagnosed with dementia

The Deprivation of Liberty Safeguards (DoLS) is a legal assessment that aims to protect vulnerable adults who are staying in a care home or nursing home, sometimes against their will.

An assessment may be performed if someone is unwell and unable to make their own decisions due to a mental health condition such as Dementia or having a Learning Disability.

Professionals will decide what is best for the person at that time to keep them safe (Best Interest Decision) if they lack the mental capacity to consent to being there.

Whilst at a home or in hospital there may be rules included in the care plan that keep the person safe. These rules or restrictions mean the person is not free to come and go as they may wish and that staff need to support and supervise them.

The DoLS assessment will be completed by 2 trained professionals.

This is normally:

• a doctor or a psychiatrist known as a Section 12 Doctor
• a Best Interest Assessor who is often a social worker, nurse, psychologist or occupational therapist

These assessors will check on the records held by the hospital, care home or nursing home.

They will also contact members of the family and friends and those who have Lasting Power of Attorney for Health and Welfare to get views regarding the care and treatment of the person.

As part of the DoLS assessment, the assessors will speak to the person to check if they know where they are and why they are there.

They also check if they understand their health and care needs in terms of receiving relevant treatment and care.

A mental capacity assessment looks at whether that person can make a specific decision about a specific thing at a specific time. It is different from a memory test and is not used for scoring in an NHS Continuing Healthcare funding Assessment.

It is not about making decisions in the future because their mental capacity may fluctuate from time to time depending on the situation.

A DoLS should last for the shortest possible time and up to a maximum of 12 months.

It should be reviewed regularly by the hospital, care home or nursing home to check if the person still needs to be kept there for the purpose of treatment or for receiving relevant care. If it is agreed that the person no longer needs to be there, the restrictions should be removed.

The person has the right to appeal the DoLS via the Court of Protection if they do not agree with the restrictions in place or disagree that they need to be in hospital, care home or nursing home.

Everyone under a DoLS has an appointed person called a Relevant Person’s Representative who can help the person appeal the DoLS or who can ask for a review on the person’s behalf.

A Best Interest Assessor from our DoLS team will support the person and their family and friends through the process.

Contact the DoLS team at 01296 382195 or by emailing [email protected].

Find further information:

• MCA: Deprivation of liberty. The Supreme Court judgment in practice (YouTube)
• Social Care Institute of Excellence
• Alzheimer's society