Palliative care clinicians' knowledge of the law regarding the use of the Deprivation of Liberty Safeguards (DoLS)

Barry, Caroline; Spathis, Anna; Treaddell, Sarah; Carding, Sally; Barclay, Stephen

doi:10.1136/bmjspcare-2016-001186

Cited by 3 publications

(3 citation statements)

References 5 publications

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“…Finally, participants in our study reported longer‐standing issues surrounding the effective implementation of the MCA. Our findings reaffirm previously reported issues regarding the complexity and bureaucratic burden of MCA safeguarding processes (Carpenter et al., 2014 ) and inconsistent and variable knowledge of the MCA (Barry et al., 2020 ; Bartlett, 2014 ; House of Lords, 2014 ; Jayes et al., 2021 ; Lennard, 2015 ; Manthorpe & Samsi, 2016 ). The upcoming transition from the DoLS system to the new Liberty Protection Safeguards (LPS) presents a unique opportunity to ensure that the relevant provisions of law are well understood by the professionals who will play a leading role in implementing them.…”

Section: Discussionsupporting

confidence: 91%

COVID‐19 and the Mental Capacity Act in care homes: Perspectives from capacity professionals

Kuylen

Wyllie

Bhatt

et al. 2022

Health Social Care Comm

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This study explores the experiences of professionals who worked with care home residents with impaired mental capacity in England and Wales during the COVID‐19 pandemic. It explores (i) how competing risks were balanced and (ii) how the Mental Capacity Act (MCA) functioned in care homes under pandemic conditions, with particular focus on its associated Deprivations of Liberty Safeguards (DoLS) and Independent Mental Capacity Advocacy (IMCA) systems. Between March and May 2021, we held an online survey and five focus groups aimed at professionals who worked in or with care homes during the pandemic. The study explored issues pertaining to residents with impaired mental capacity, alongside several other topics on which we report elsewhere. For this paper, we filtered data to only include responses from ‘capacity professionals’. The resulting sample comprised 120 (out of 266) survey participants and 18 (out of 22) focus group participants. We performed manifest content analysis on the filtered data and found that (1) participants reported a ‘massive discrepancy’ between the ways different care homes balanced the risk of COVID‐19 infection with the risks associated with severe restrictions. (2) Some suggested this was due to vague guidance, as well as care home type and size. Participants told us the pandemic (3) obstructed smooth operation of statutory safeguards designed to protect residents’ human rights and (4) resulted in confusion about the remit of the MCA during a public health crisis. Our findings raise concerns about the impact of pandemic‐related measures upon care home residents with impaired mental capacity. We urge further exploration and analysis of (a) the variability and inconsistency of restrictions applied at care homes, (b) the strain placed on key safeguards associated with the MCA, (c) uncertainty about the remit of the MCA during a public health crisis and (d) the human rights implications hereof.

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Section: Discussionsupporting

confidence: 91%

COVID‐19 and the Mental Capacity Act in care homes: Perspectives from capacity professionals

Kuylen

Wyllie

Bhatt

et al. 2022

Health Social Care Comm

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“…British Journal of Hospital Medicine. 2020;816 :1–6. Available from: https://doi.org/10.12968/hmed.2020.0071…”

Section: Discussionmentioning

confidence: 99%

“…These criteria form the ‘acid test’, which was established by Lady Hale following the Cheshire West case 5. The ‘acid test’ is said to be met when a patient is; ‘under continuous supervision and control; unable to leave; unable to consent to the arrangements’ 6. This can occur in any setting where care is being provided.…”

Section: What Is a Deprivation Of Liberty?mentioning

confidence: 99%

Reforming DoLS: liberty protection safeguards

Shortis

Newton-Clarke

Verma

et al. 2022

Postgraduate Medical Journal

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From April 2022, current Deprivation of Liberty Safeguards (DoLS) will be replaced by Liberty Protection Safeguards (LPS). This review article outlines key information about these changes for patients, carers and healthcare professionals, for whom a deprivation of liberty may be relevant.Deprivation of liberty occurs within healthcare settings when someone’s freedoms are limited in order to meet their care needs and lack capacity to consent to these arrangements. DoLS, enacted in 2009, ensured that patients deprived of liberties in care settings have similar rights to patients held under the Mental Health Act 1983. However, DoLS have been extensively criticised and considered unfit for purpose, therefore are being replaced by LPS.LPS intend to provide a more robust protection to a wider group of vulnerable people. This includes changes to patient age, transferability between a wider range of care settings, a reduced number of assessments for authorisation and less frequent reauthorisations.

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Deprivation of patient liberty: a qualitative study of current practice among geriatricians in a tertiary setting

O’Brien

Clyne

2021

Ir J Med Sci

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Palliative care clinicians' knowledge of the law regarding the use of the Deprivation of Liberty Safeguards (DoLS)

Cited by 3 publications

References 5 publications

COVID‐19 and the Mental Capacity Act in care homes: Perspectives from capacity professionals

COVID‐19 and the Mental Capacity Act in care homes: Perspectives from capacity professionals

Reforming DoLS: liberty protection safeguards

Deprivation of patient liberty: a qualitative study of current practice among geriatricians in a tertiary setting

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