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From 1st April 2009, there are new changes to the legislation covering the support and care of people who lack mental capacity (Mental Capacity Act 2005). These changes are known as the Deprivation of Liberty Safeguards (DOLS) . The Deprivation of Liberty Safeguards is an important new protection for people in hospitals and care homes who may need to be deprived of their liberty in order to protect them from serious harm. DOLS do not apply if a person is detained in hospital under the Mental Health Act 1983. However, they do apply if a person is under guardianship, part of Section 7 in the Mental Health Act.
Some people who live in hospitals and care homes cant make their own decisions about their care or treatment because they lack the mental capacity to do so. They need more care and protection than others, to ensure they dont suffer harm. Sometimes, caring for and treating people who need extra protection may mean restricting their freedom. For instance, it might be necessary to stop a person from leaving the hospital or care home, or staff might have to make most of the choices for a person inside the care home. If there are a lot of restrictions like this, it may be that the person is being deprived of their liberty.
Hospitals and care homes should always try to avoid this, but sometimes there is no alternative to deprive a person of their liberty because it is in their best interests. Some examples are: -Someone resists being admitted to a place and they are restrained and or sedated so that they can be admitted. -Staff have complete control over the care and movement of someone for a considerable time. The institution has decided that someone cannot be released into the care of others, or allowed to live somewhere else. Carers ask for someone to be discharged to their care and this is refused. Someone is not able to maintain social contacts because of restrictions placed on their seeing other people. Someone loses independence because they are under continuous supervision and control.
