Guidance for managing authorities
Applying for DoLS (Form 1 or 2)
The care home or hospital (known as the managing authority) have a duty to provide care within the provisions of the Mental Capacity Act, ensuring any decisions made on behalf of a person who lacks capacity are in their best interests and achieved in a way that is least restrictive of the person's rights and freedom.
If these care arrangements amount to a deprivation of liberty, the managing authority must make an application for a Safeguards authorisation completing the Form 1 (standard and urgent authorisation) or Form 2 (further authorisation request) attached.
The managing authority have a duty to inform the relevant person and any interested parties that a DoLS application has been made. The Quick Guide to DoLS information sheet included on this webpage should be explained to the person and shared with their family or friends.
Suspension of DoLS (Form 7)
Once a standard authorisation has been granted, if it needs to be suspended for any reason, i.e. the person is temporarily admitted to hospital while subject to a DoLS authorisation in a care home; Form 7 needs to be completed by the managing authority.
An authorisation can be suspended for up to 28 days; any longer than this and the authorisation will need to be terminated.
Review of DoLS (Form 10)
If the managing authority identify there is a change in the person's care (capacity, eligibility, a more restrictive care plan, or any other aspect of the person's standard authorisation), or they believe the person no longer meets the requirements for a DoLS authorisation, they can request a review using the Form 10, in which an assessor will be allocated to review the person's care.
Changes to Coroners Duty under DoLS
From 3 April 2017, Coroners no longer have a duty to undertake an inquest into the death of every person subject to a DoLS authorisation. This means they are no longer duty bound to investigate every death where the deceased had a DoLS in place.
If the cause of death is unknown or where there are concerns that the cause of death was unnatural or violent, then the managing authority should continue to report these to coroner in order for an inquest to take place.
