AMJ Deprivation of Liberty Safeguards (DoLS)
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As with all AMJ courses the aim is to take a potentially complex topic and make it both engaging and understandable for a wide range of participants from senior professionals to the most inexperienced support worker.
This course is delivered at the venue of your choice anywhere within mainland UK.
The course covers the reasoning behind the new safeguards, the legal responsibilities residential care homes and hospitals have and how to access the system without getting bogged down in it.
It equips partticipants with all the information they need to stay safe and legal.
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The new Deprivation of Liberty Safeguards (Bournewood Safeguards) came into effect on April 1st 2009. Named after the Bournewood case (HL vs UK) they have a major impact upon hospitals and care homes throughout England & Wales.
These safeguards cover much more than simply the choice to leave the building.
The DoL safeguards cover all residential and hospital care settings and they provide a legal way to deprive a service user/client/patient of their liberty in their best interests so long as it genuinely is necessary.
Failure to follow the correct procedure when depriving a person of their liberty will be a criminal offence.
Examples of deprivation of liberty might include:
Deciding what someone will eat or wear;
Preventing people from going outside;
‘Over the top' observation;
Care and treatment decisions;
End of life planning (new hot topic);
Restrictions on visitors/associations.
There is now a strict protocol governing the deprivation of liberty and it will only be lawful if a Deprivation of Liberty Safeguards Assessor has granted authorisation.
The Deprivation of Liberty Safeguards amend the Mental Capacity Act 2005 Code of Practice. This means that it will be lawful to deprive a person of liberty under the Mental Capacity Act 2005 without using the Mental Health Act 2007 but only if proper authorisation has been granted.
People in ‘the Bournewood gap' (not eligible for detention under the Mental Health Act but not able to make their own decisions either) are covered by the safeguards.
All residential and hospital care providers will need to understand the safeguards or risk criminal charges.
