Problem getting a DOLS in place

[Lavender45]

Hi everyone

My mum has been in an emi nursing home precisely 4 weeks today. Last Saturday a social worker visited mum to carry out a DOLS assessment. I was not notified of this prior to her visit so wasn't present when the assessment took place, but I fully see the need for a DOLS to be put in place to keep mum safe.

The assessor rang me yesterday to tell me she had carried out her assessment and to ask for my input, it all went quite smoothly until I foolishly asked her to confirm the DOLS would be put in place as mum exit seeks at times.

Mum exit seeking has become a big issue as the assessor said this indicated that mum herself would object to a DOLS. She said this may mean we have to go through the court of protection for a determination.

Surely it's very common PWD to want to "go home" to verbalise this and to try doors etc at times?

I thought the point of a DOLS was to keep a PWD safe especially when the individual lacks the capacity to make an informed and safe decision regarding their accommodation and care? If mum were allowed to leave the nursing home she would indeed try to go home. Mum's home in reality is with me. She jointly owns this house with me, but due to her aggression and wandering (she was sectioned over 6 months and currently has a one to one in the home for 16 hours a day in the home for her behaviour) I cannot have her home with me. Everyone from mum's consultant down says it wouldn't be possible. Regardless of this mum doesn't want to live with me. The home she seeks is her childhood home, a long demolished property. Following a chest infection mum isn't mobilising at the moment, but should she regain mobility she would be walking the streets trying to find her mum and dad if she were allowed the freedom.

I don't have POA as mum stubbornly refused to even discuss it. She's always been controlling and I think the idea of handing over control to anyone was an anathema to her. I know I will need to go down the deputyship route, but having to go to the court of protection to gets a DOLS in place to keep my mum safe seems bizarre to me.

So the bottom line is has anyone had a problem getting a DOLS in place because their PWD wouldn't want a DOLS?

 

[Pete R]

I thought the point of a DOLS was to keep a PWD safe especially when the individual lacks the capacity to make an informed and safe decision regarding their accommodation and care?

Your understanding of DoLS is a very common misconception.

The DoLS does not authorise someone to be prevented from "getting out". This is covered in their Care Plan and is decided by the "professionals" in charge of your Mum's care. Not having a DoLS does not mean they are going to just open the doors for her.

The safeguards aim to make sure that people in care homes and hospitals are looked after in a way that does not inappropriately restrict their freedom and that the care plan of keeping them safe is proportionate. It should also cover things like medication

As no one has PoA I thought it was normal for an advocate to appointed on behalf of your Mum but the CoP is probably a good route to go down.

You do not do it, it is down to assessor to sort out although you should be allowed input.

Try not to worry too much.

 

[Pete R]

decision was made to authorise DOLS for 12 months..

That is the maximum time allowed before review.

As far as I know my aunt wasn't informed, let alone invited to object.

It would have depended on the capacity of your Aunt at the time. Even though someone is deemed to "Lack Capacity" it is not always all encompassing as there are times when people are actually able to make decisions for themselves. In any case your Aunt would have been appointed a Relevant Person’s Representative which is normally PoA, NoK or a paid advocate if there is no one else.

The RPR can challenge a DoLS.

Under the Mental Health Act 2005 no one can be deprived of their liberty, prevented from leaving a home, without DOLS. Until DOLS was in place, we had to rely on the care home staff distracting her when she wanted to go 'home'.

Not quite true. Yes a DoLS must be applied for but a lack of one does not prevent staff from carrying out their obligations under the MCA.

My LA have a huge back log of assessments and in 3 years of care my Mom has not been assessed. Due to the burden on LA's a review is taking place and rules have been relaxed. Mom's latest NH have not even applied for one.

If like your Aunt someone insists on leaving, an urgent DoLS assessment would be carried out.

 

[canary]

Please correct me if Im wrong, but I believe that the problem here is that @Lavender45's mum is demanding to go home (to a demolished childhood home) and the DoLs assessor has refused to issue a DoLs. It isnt just that she hasnt got a DoLs - she has been actively refused one, which changes the issue. In this case, no, I dont think that the care home can prevent her from going out.

There have been reports of "over-enthusiastic" DoLs assessors on here before. Certainly this could go before the Court of Protection for their judgment, but it is a slow and costly process.

I would recommend that you contact the Alzheimers Society for their advice on 0300 222 1122

 

[Pete R]

I dont think that the care home can prevent her from going out.

The MCA covers them if they prevent her and it and they are acting in her best interests.

Certainly this could go before the Court of Protection for their judgment, but it is a slow and costly process.

Not so sure it will be slow as it is only a one off judgement not a full Deputyship hearing. Costly, maybe it will be for the LA but not for Lavender45 or her Mum.

If someone did want to object to a DoLS they would be entitled to legal Aid.