Hello All. I wanted to ask this question if anyone has come across this and what situation? why would a 'Deprivation of Liberty' Order be granted for my mum if it has not been made definite where she is actually staying! I am a bit confused she went into this current CH in Sept and has never come out. Social Services are very much involved with a Best Interests Mtg but I understand that a Deprivation of Liberty is separate from a best interests mtg! as you have probably read my previous posts there are many issues within the CH. Does anyone have experience of this DOLS? apologies I am on brain overload tonight ... I am due to speak to SS tomorrow of which I am absolutely dreading. I feel as if I always have to put up a fight where mum is concerned.
SOCIAL SERVICES AND DEPRIVATION OF LIBERTY ACT
- Thread starter Roman223
- Start date
A deprivation of liberty safeguards order is made by the local authority and authorises the care home to detain the patient against his or her will. The location can be changed if your mum is moving to another care home. It is unlikely that the local authority would try to use this procedure to stop her moving homes, it is to stop her from wandering off into the night and getting into danger. If your mum is in a care home and needs to be stopped from going out, a dols order will have been put in place. Don't worry about this, it isn't going to prevent you from moving her to a better care home.
Are you talking about a Deprivation of Liberty order, or Deprivation of Liberty Safeguarding (DoLS)?
A Deprivation of Liberty order is something that has been issued by the Court of Protection if someone has challenged the fact that they are being deprived of their liberty and the Court of Protection has found that it is in their best interest to, in fact, be deprived of their liberty. This is very unusual, a long drawn out procedure and you would certainly know what is happening, It is far more likely that your husband is subject to Deprivation of Liberty Safeguarding.
This happens when somebody who lacks capacity wants to leave, but is being prevented from doing so. The emphasis is on the Safeguarding. It is a routine thing, used in hospitals and care homes in order to keep them safe. The person will be assessed by an independent assessor in the hospital/care home to see whether they lack capacity and check that not allowing them out on their own is in their best interest. My mum was subject to a DoLS, but I could still take her out to a cafe or for a walk by the sea. It also wont stop you moving her to a different care home, if you wish, but another care home would also apply for a DoLS.
A Deprivation of Liberty order is something that has been issued by the Court of Protection if someone has challenged the fact that they are being deprived of their liberty and the Court of Protection has found that it is in their best interest to, in fact, be deprived of their liberty. This is very unusual, a long drawn out procedure and you would certainly know what is happening, It is far more likely that your husband is subject to Deprivation of Liberty Safeguarding.
This happens when somebody who lacks capacity wants to leave, but is being prevented from doing so. The emphasis is on the Safeguarding. It is a routine thing, used in hospitals and care homes in order to keep them safe. The person will be assessed by an independent assessor in the hospital/care home to see whether they lack capacity and check that not allowing them out on their own is in their best interest. My mum was subject to a DoLS, but I could still take her out to a cafe or for a walk by the sea. It also wont stop you moving her to a different care home, if you wish, but another care home would also apply for a DoLS.
They are place specific- when/if she moves a new one will be applied.
It simply means that if she walked out of the front door/esaped, she could be brought back, without they couldnt stop her leaving. You can still take her out ( if thats what you do) or move her to somewhere else.
Why do you want to fight it? it helps keep her safe
It simply means that if she walked out of the front door/esaped, she could be brought back, without they couldnt stop her leaving. You can still take her out ( if thats what you do) or move her to somewhere else.
Why do you want to fight it? it helps keep her safe
Last edited:
I had a PoA set up for my husband 5 years ago, but when it came to putting him in a care home, our county in Scotland, Perth, is the only one not to recognise it with regards to DOL. His son and I then had to apply for guardianship through a solicitor which took 3 months for the interim powers to be awarded before we could move him to a care home. At a time when you don’t need any more worries, this added to it.
What correlation is ther
e between DoLs and POA?
You might have a POA, but you wouldnt be applyig for a DoLs order, would you?
I dont quite understand this either. Was the problem that he was considered to have capacity, so you had to apply for a Deprivation of Liberty order through the court?
Hi @Roman223 , assuming it is a safeguarding order we’re talking about, that won’t stop you moving your mother to another home. I moved my mum between homes in September shortly after her first care home had renewed the DoLS. The social worker sent me the paperwork shortly after the move , and they apologised for not being up to speed when I said she was no longer there, so it wasn’t relevant anymore. The DoLS is place specific so if your mother moved the new home will probably get another one set up.
What it does show is that your mother no longer has the capability of making decisions as to where she lives and needs someone to make those for her.
What it does show is that your mother no longer has the capability of making decisions as to where she lives and needs someone to make those for her.
My mum was placed under a DOLS when admitted to hospital recently. They called me to tell me. Initially I was a little concerned, but it was merely because mum does not have capacity to consent to anything, so even a simple blood test etc, required a DoLs. It just meant that they could act in what they believed to be her best interests.
Even though the POA has the line written in it that we can decide where he lives, Perth and Kinross do not accept that in order for him to go into a care home. So we had to apply to the court and get 2 consultants and A MHO to verify that he was too I’ll to be cared for at home.
That sounds like a Deprivation of Liberty Order.
I take it that he didnt want to be there and I guess that someone thought he still had capacity.
To be honest he didn’t, and still doesn’t know where he is and why, and has never questioned it.
