Does my relative have to stay in a care home?

If a loved one has been placed in a care home, and you have been told they are under a ‘DoLS’, you may be thinking, what does that mean?

‘DoLS’ is short for Deprivation of Liberty Safeguards. A DoLS is used when it becomes necessary to deprive someone of their liberty, who lacks capacity to consent to their accommodation and their care and treatment. The criteria for a DoLS are that your loved one is subject to continuous supervision and control and is not free to leave that placement. Generally speaking, if your relative is under a DoLS then yes, they would have to stay residing in the care home whilst they are subject to this.

DoLS is an authorisation; an authorisation to deprive someone of their liberty.  There are two types of authorisations:

• An urgent authorisation which can last for up to 14 days
• A standard authorisation which can last for up to 12 months. This can then be reviewed and possibly renewed after this period. If you relative continues to lack capacity to decide for themself where they live and what care they receive then the DoLS should continue to be renewed.

Does the DoLS mean they have to stay in the care home forever?

The DoLS provides authority for your relative to remain in the care home named on the paperwork, but that does mean that they can’t move.  If you think your relative would be better placed in a different care home then you should discuss this with the local authority, and a social worker if your relative has one. If everyone agrees that it would be in your relative’s best interests to move, then a move can proceed.  This would also be true to a move to other types of accommodation, which may be less restrictive than a care home, although these may need to be authorised by the Court of Protection.

If there is disagreement between family and the local authority as to where someone should live and receive care, then the matter should be referred to the Court of Protection for a judge to determine.

Can my relative challenge a DoLS?

Anyone subject to DoLS will be provided with a Relevant Person’s Representative (RPR) and given the right to challenge their DoLS through the Court of Protection. An RPR’s role is to support people to challenge their DoLS by instructing a solicitor to work on their behalf, even if the person lacks capacity to give instructions to a solicitor. The Court has the power to review the DoLS.  They can end it, vary it, or leave it in place.

When a person who lacks capacity is assisted to bring a case before the Court of Protection, they will be appointed a litigation friend or Accredited Legal Representatives (ALR). It is their job to ensure the court are aware of your relatives wishes and feelings.  They must always act in your relative’s best interests.

If an application is made challenging a person’s DoLS, the Court will look to gather evidence to assist the judge to decide if it is necessary for your relative to be deprived of their liberty. Once the Court feels it has enough evidence, they will make a final decision.

Contact us for advice and guidance

Here at David Gray, we understand that dealing with these situations can be extremely confusing, unfamiliar, and stressful. Our team are here to listen, answer your questions and help guide you and your loved one through the process. We help to represent those who lack capacity, through the Official Solicitor, family members, or our in-house ALRs in these proceedings. For more information, please contact us on 0191 232 9547, visit our Court of Protection webpage or view the video below.