Deprivation of Liberty Safeguards
(DOLS)
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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