The Deprivation of Liberty Safeguards aim to protect people who lack mental capacity, but who need to be deprived of liberty so they can be given care and treatment.
This occurs in a hospital or a care home setting.
The DoLS have been criticised since they were introduced for being overly complex and excessively bureaucratic.
The DoLS have also been criticised for not being ‘Fit for Purpose’. There are not nearly enough independent assessors to carry out the assessments.
This backlog means that there are 120,000+ people currently waiting for a DoLS assessment, proving that the current system is not working.
For these reasons, this is currently being debated in the House of Lords with recommendations for the system to be overhauled.
The Introduction of LPS
The future is likely to see DoLS being replaced by LPS (Liberty Protection Safeguards).
These will focus more on protecting people’s liberty and freedom rather than restricting it.
One of the biggest issues affecting our sector is “who will carry out these assessments?”
It is being proposed that Care Home Managers will be expected to carry out assessments under the new recommendations.
At AutumnCare, we are following this closely.
You can be assured that we will adapt our system to reflect any changes as they arise.
However, these changes are unlikely to come into everyday practice until 2020 due to the time taken to pass new legal frameworks and write new codes of practice.