The following guidance is for PCTs, local authorities, hospitals and care homes to support them understand and fulfill their statutory obligations under the Mental Capacity Act Deprivation of Liberty Safeguards legislation.
The issue in this case is not uncommon. P is an adult who has an unresolved medical condition, in this case epilepsy. His primary carer, however well motivated, does not accept the diagnosis nor the treatment proposals. P may object to treatment (whether his own view or prompted by his carer). In order to determine what is in P's best interests, since he cannot decide for himself, it is necessary to observe him, and not to rely upon what is relayed about his condition by his carer. To that end, a period in hospital for assessment and treatment is necessary.
More than 11,000 people were deprived of their liberty last year using controversial new legislation that critics have argued is “not fit for purpose”. New figures released by the Department of Health reveal how local authorities and hospitals are increasingly relying on so-called Deprivation of Liberty Safeguard (DoLS) orders to detain people for their own safety.