Information for care homes and hospitals

As the Managing Authority it is your responsibility to consider:

• Does my client / patient lack capacity to consent to their care / treatment?
• Are they under continuous supervision and control?
• Are they free to leave without support from staff?

If there are no other alternatives available for providing the person with the care / treatment then you need to apply to Derby City Council (the Supervisory Body) for an authorisation to deprive the person of their liberty. Derby City Council will arrange for a series of assessments to take place to determine if the deprivation of liberty should continue.

To deprive someone of their liberty immediately a Form 1 must be completed. This form allows 7 days of an Urgent Authorisation as well as the request for the Standard Authorisation. If you want to request a Standard Authorisation only you do not need to completed pages 6 and 7 of Form 1. Please email the referral form using a secure method (Egress) please contact the team for a link. Please check which Supervisory Body is responsible for the assessment before sending any paperwork.

An Urgent Authorisation can be extended for a maximum of another 7 days using the same Form 1 and completing page 7.

A review can be requested at any time following a Standard Authorisation using a Form 10. Similarly if the situation changes, for example the person moves location or dies, Derby City Council needs to be made aware.

Once an authorisation is granted make a note of the expiry date. If you believe that the authorisation will need to be in place beyond this date please submit a Form 2 to request a further authorisation period.

Once an authorisation is granted and the person is detained under a section of the Mental Health Act you will need to suspend the DOLS using a Form 7. Please keep a note of how long the person is in hospital for. If the person returns to you within 28 days please complete page 2 of the form and the DOLS will continue. If the person is in hospital for more than 28 days please complete page 2 of the form and Derby City Council will cease the DOLS.

You must also notify the Care Quality Commission when an application is made for Deprivation of Liberty Safeguards. When a client is currently subject to a Standard Authorisation dies, you must notify Derby City Council by using a Form 12 and consider whether the circumstances of the death should be reported to the Coroner, also using a Form 12. The Coroner's office (01332 343225) should be consulted if you require any further advice or guidance. 

There is an 'Easy Read' Information Booklet covering all aspects of the process provided by the Department of Health. In addition Age UK provide more detailed information about Deprivation of Liberty Safeguards”  Deprivation of Liberty Safeguards

It is important to remember that if a person has capacity and is subject to deprivations of their liberty this may be a safeguarding issue. You are not able to deprive someone of their liberty if they have capacity to make decisions about their care and welfare.

You can also download the Mental Capacity Act 2005 Code of Practice and Deprivation of Liberty Safeguards Code of Practice.

For further advice, please contact us.