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Deprivation
of Liberty Safeguards (DOLS)
Please
click HERE to
access Department of Health Deprivation of Liberty Guidance Booklets
The role of Independent Mental
Capacity Advocates within the Deprivation of Liberty Safeguards
Deprivation of Liberty Safeguards
(DOLS), give additional rights and responsibilities to an IMCA, other
than those assigned to them by the Mental Capacity Act 2005. Chapter 3
of the DOLS Code of Practice provides a detailed list of those rights and
responsibilities.
Within
DOLS, IMCAs can be instructed on three occasions:
As soon as a request is made by
the managing authority, if the relevant person has no appropriate family
member or a friend (39A IMCA)
As part of the best interest’s assessment,
friends, family members or other representatives of the relevant person
must be consulted to see if they agree that the proposed care plan or course
of treatment is in the best interests of the relevant person. If there is
nobody to represent the relevant person other than a professional or paid
carer, the managing authority must notify the supervisory body
when it applies for deprivation of liberty authorisation. The supervisory
body must then instruct a section 39A IMCA immediately to represent the
person.
The IMCA must then be consulted
during the best interests assessment and provide support to the relevant
person (acting on their behalf, where necessary) during the whole
assessment process.
If there is a gap between one paid representative leaving and
the appointment of another one (39C IMCA)
A person who is being deprived of their liberty
must have someone to represent their interests at all times. This is the
role of the relevant person’s representative (RPR), usually a friend or
family member, who should be consulted and informed about all matters
relating to the care or treatment of their friend or family member while
the authorisation lasts.
If the RPR has to give up their position for
any reason, and a new RPR is not appointed immediately, the relevant person
will be in a vulnerable position. In these situations, an IMCA must be
instructed immediately to support the relevant person.
In such circumstances, the managing authority
must notify the supervisory body, who must instruct a section 39C IMCA to
represent the person, temporarily, until a new friend, family member or
professional representative is appointed.
once the authorisation has been granted, if the
relevant person does not have a paid representative, they or their
representative can request an IMCA (39D IMCA)
Both the person who is deprived of
liberty under a standard authorisation and their unpaid representative
(RPR) have a statutory right of access to an IMCA
under section 39D (39D IMCA).
If a relevant person or their
unpaid representative requests such advocacy support, the supervisory body
must instruct an IMCA
Relevant Person’s Representative
The supervisory body
must appoint a relevant person’s representative for every person to whom
they give a standard authorisation for deprivation of liberty. It is
important that the representative is appointed at the time the
authorisation is given or as soon as possible and practical thereafter.
As well as the three IMCA roles, Mental Health
Matters Wales will also be fulfilling the role of the relevant person’s
representative when a DOLS authorisation is in place and the person has
no-one available or appropriate to take on this role.
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