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local authority may need to apply to the Court of Protection for authorisation for the deprivation of liberty to continue. It is likely that there will be further cases in due course considering these obligations.
WHAT HAPPENS WHEN THERE IS A DEPRIVATION OF LIBERTY?
If someone is resident in a hospital or care home and is identi ed as being deprived of their liberty, or at risk of being deprived of their liberty, the hospital or care home manager must consider:
Ÿ Whether the deprivation is in the persons best interests and necessary to protect them from harm
Ÿ Whether there are alternative, less restrictive care regimes that do not amount to a deprivation of liberty
If it is believed to be in the person's best interests and a less restrictive arrangement is not possible, the hospital or care home manager must apply
to "the supervisory body" for authorisation of the deprivation of liberty. In England, the supervisory body is the local authority for both care homes and hospitals. In Wales, the supervisory body is the local authority for a care home and the local health board for a hospital. This authorisation will be carried out following the DoLs procedure.
If a person is deprived of their liberty in a setting other than a hospital or care home, the deprivation cannot be authorised under the DoLs procedure and an application for authorisation may need to be made to the Court of Protection.
CAN A DEPRIVATION OF LIBERTY BE CHALLENGED?
Any third party who thinks a person is being deprived of their liberty without DoLS authorisation can ask the care home or hospital to either apply for authorisation, or change the care regime so that the person is no longer being deprived of their liberty. If the care home or hospital does not do this the third party can apply to the supervisory body for an assessment of whether or not the person is being deprived of their liberty. If there is a deprivation of liberty the full assessment procedure under DoLS will go ahead.
236 Chapter 12