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The effects of a Dols order on me

Witzend

Registered User
Aug 29, 2007
4,291
SW London
You should certainly be informed about an application by those who are applying. When the Nursing Home applied for DoLs for my wife, they did not bother to inform me (par for the course) and I only found out when the assessor phoned me.

You may have already been on the Alz Society website but if not there is a lot of useful information here:

https://www.alzheimers.org.uk/site/scripts/google_results.php?q=Dols&_ga=1.216303891.428393088.1433590610
I was not informed by the CH either, despite being a very regular visitor. I was informed by the 'independent social worker' who was going to make the assessment with a psychiatrist.
The CH was very good, and always informed me about other things, so I can only think it was an oversight.
 

Shedrech

Volunteer Moderator
Dec 15, 2012
9,051
Yorkshire
Could anyone tell me if I ( her daughter and POA) should be involved in the DOLs application? (My Mum is in a Nursing Home)


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Hi Plymum
I am both too and certainly was involved, and informed when the renewal was to be completed
it may be that the whole system is under such strain that they are trying to do things as 'simply' as possible? and for the home managers it has become just another part of the admin to get done as 'efficiently' as possible?
 

Kevinl

Registered User
Aug 24, 2013
4,771
Salford
Could anyone tell me if I ( her daughter and POA) should be involved in the DOLs application? (My Mum is in a Nursing Home)
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As has been said you will be involved but there really is in my view very little point as the home need to be keeping her there on some legal basis and should you refuse to agree to a DoLS then they would probably ask you to move her.
All a DoLS does is let the home "keep" someone there if they express a wish to leave, denying her legal right as a free citizen to come and go as she chooses is curtailed by a DoLS but without one the home could be open to a charge of illegal imprisonment.
Thankfully we don't live in the former Soviet Union or North Korea so no one can be held somewhere without due process of law so without a DoLS the home would have to let her out if she asked them to or be breaking the law.
K
 

Plymum

Registered User
Jan 9, 2014
135
Thankyou everybody who replied to my question.
I feel sad that we are even having this conversation. One never imagines that caring for a loved one will come to this tragic situation.
Love and strength to you all.


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dora

Registered User
Aug 1, 2007
145
England
Dols when someone dies - relaxation of rules

For once, common sense has prevailed and the rules have been relaxed as follows:-

"From Monday 3rd April 2017 coroners will no longer have a statutory duty to undertake an inquest into the death of every person who was subject to Deprivation of Liberty Safeguards authorisation under the Mental Capacity Act 2005.

Section 178 of the Policing and Crime Act (2017) comes into effect to amend the Coroners and Justice Act (2009) definition of state detention.

The new definition of state detention is as follows:

‘But a person is not in state detention at any time when he or she is deprived of liberty under s.4 (a)(3) or s.5 or 4B.’

This will mean that coroners will no longer be obliged to hold an inquest just because an individual was subject to a DoLS authorisation at the time of their death.
This new process will not mean an end to all inquests where the deceased was under a DoLS, but it will allow a reduction of inquests for individuals subject to a DoLS, but whose death was expected and apparently natural. The main driver behind this change was to ensure that families could progress with their grieving and funeral arrangements and to reduce anxiety and distress associated with the coroner’s investigation.
The old law will continue to apply to deaths occurring before 3 April 2017, even if the death is reported to the coroner after this date.

Nevertheless, any death must still be reported to the coroner where the cause of death is unknown or there are concerns that the cause of death was unnatural or violent (including where there is any concern about the care given having contributed to the person’s death), regardless of whether the person was under DoLS or not.

The Managing Authority should still inform the DoLS Office should the relevant person subject to a DoLS authorisation, passes away. "

There's a link here https://www.judiciary.gov.uk/wp-con...f-liberty-safeguards-3-april-2017-onwards.pdf

If your LO is under a DoLS, it might be worth pointing this out to care home managers.
 

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