DoLS authorisation – Rights and Responsibilities
Rights of the Relevant Person
Any person subject to a Deprivation of Liberty Safeguards authorisation must have a Representative appointed to look after the relevant person's interests. This is usually a family member or friend, but may be a paid representative if there is no one else suitable or willing to act in the role.
The representative must have regular face to face contact with the relevant person and represent and support them when decisions need to be made about their care and treatment.
The Safeguards also give the person or their representative the right to request a review of the DoLS authorisation at any time if they feel that the situation has changed, or are not satisfied the authorisation is appropriate.
If there is a disagreement about the deprivation of liberty, the relevant person of their representative have the right to challenge the authorisation in the Court of Protection. An Independent Mental Capacity Advocate (IMCA) can support with this.
Responsibilities of the Managing Authority
If conditions have been placed on an authorisation, the managing authority must ensure they comply with these and evidence to the Supervisory Body how they are working towards, or have met, these conditions. If they do not do this, the legality of the authorisation may be affected.
The managing authority should also monitor the person's situation, and inform the Supervisory Body if there are any changes where a review of the authorisation may be required. If a decision is made to move the person, they are admitted to hospital or they die during the authorisation, this must also be relayed to the DoLS Team.
Before the authorisation ends, the managing authority must consider whether or not the arrangements still amount to a deprivation of liberty. If they do still meet the criteria for DoLS, then a subsequent authorisation may be required, and should be requested using a Form 2, and sent in 28 days prior to the end date of the existing authorisation.
