Mental capacity & DoLSCare homes
A record for each resident's DoLS application and authorisation, from the request to the supervisory body through to review and expiry.
DoLS, the Deprivation of Liberty Safeguards, is the legal process a care home uses when a resident's care may take away their liberty. The home asks its supervisory body, the local authority, for an authorisation. This record keeps the trail for one resident in one place: the decision to apply, the request, any urgent authorisation, the outcome, the CQC notification and the reviews that follow.
It is for care homes only. DoLS applies in hospitals and care homes to people aged 18 and over, and does not apply in home care or supported living.
The latest Supreme Court ruling replaced the single "acid test" with an assessment of several factors together, and Part 3 of the record walks staff through them. They include the type of restrictions, how long they last, their effect on the person, whether the person objects and how normal the arrangements are. A tick list helps staff spot signs of objection, such as attempts to leave or refusing care. Going along with care does not automatically mean a person consents. If there is any doubt, use the DoLS process.
About the resident
Capacity, with a reference to the capacity assessment
Assessment of the arrangements, ending in a decision
Request for a standard authorisation, with a checklist of what the request must include
Urgent authorisation, which lasts no more than 7 days and can be extended once, by up to 7 more, for exceptional reasons
Outcome and conditions, plus the relevant person's representative (RPR), who supports the resident in DoLS matters
Notification to CQC
Monitoring, reviews and renewal, with a review log
Apply when a resident is likely to be deprived of liberty within the next 28 days. A standard authorisation lasts no more than 12 months, so start the renewal early enough to get a decision before it ends. Tell CQC once you know the outcome or the request is withdrawn, not when you apply. Staffing shortages are not a valid reason to extend an urgent authorisation.
Before you use the record, add your supervisory body's contact details and use the application form it asks for.
Each step follows the Mental Capacity Act & DoLS Policy & Procedure. Part 2 refers back to the Mental Capacity Assessment Form about care and residence in the home.