Mental Capacity

(asked on 15th October 2020) - View Source

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether he plans to simplify the forms that are used to inform deprivation of liberty safeguards decisions; and if he will make an assessment of the extent to which that process requires people to provide duplicate data on behalf of the person they are helping; and if he will make a statement.


Answered by
Helen Whately Portrait
Helen Whately
Minister of State (Department of Health and Social Care)
This question was answered on 3rd November 2020

Forms for processes under the Deprivation of Liberty Safeguards (DoLS) are not prescribed in law. In 2015 the Department supported the Association of Directors of Adult Social Services and others to simplify and improve recommended forms. The number of forms was reduced from 32 to 13. These are available online should local authorities and others wish to use them to discharge their legal duties under DoLS.

The Government has published extensive guidance on the application of DoLS during the pandemic. This includes a single, shortened form for requesting an urgent and standard authorisation.

Although DoLS is due to be replaced by the Liberty Protection Safeguards, until then, it is vital that all bodies with legal duties under DoLS continue to operate these important safeguards to ensure the rights of people without relevant mental capacity are protected.

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