Deprivation of Liberty (DOLS) April 2021

When someone is deprived of their liberty anywhere other than a care home or hospital, this needs to be authorised by the Court of Protection.

The Court of Protection cannot make this determination without a declaration from a Doctor. They continue to use the term, ‘unsound mind’, as their determination but this is not reflected by the wording of the mental capacity act.

A GP could certify that the patient has a stated diagnosis such as Alzheimer’s Disease which leads to unsoundness or impairment of the brain or mind.  The GP is not being asked to determine if they have mental capacity or if their liberty should be deprived.

It requires 2 or 3 lines on a fill in the gaps style form which could be populated from the records as an administrative action and signed by a GP to confirm.

If a GP feels they are unable to complete the form, they are required to provide the Court with an explanation why this is the case.

This is not covered by GMS and should be covered by a fee. However, no agreement or budget for this exists. It may fall within the collaborative fees agreement so sending an invoice might prove successful. https://www.kentlmc.org/claimingcollaborativefees

Please click HERE for BMA guidance on Deprivation of liberty safeguards