What it means, how liberty is safeguarded,

and the relationship to the Mental Capacity Act

Aims:

This one day programme aims to examine the Deprivation of Liberty Safeguards. It will consider their function and purpose; the safeguards themselves and the means by which liberty is protected for those living in settings which fall outside of the safeguard’s framework. It will consider the differences between the current Deprivation of Liberty Safeguards and the proposed, but shelved Liberty Protection Safeguards in light of the Draft Code of Practice 2022. It will consider the role of social work assessments in ensuring necessary and proportionate interventions are part of professional consideration. The aim is to support social workers to recognise their role in considering necessity and proportionality with regards to liberty and freedom to support the effective DoLs process within the council.

Objectives:

This will be achieved via a range of teaching methods to accommodate different learning styles and will cover:

  • The origin of the Deprivation Safeguards (DoLS); why they were an addition to the Mental Capacity Act (MCA) and their interface with other pieces of legislation such as the Mental Health Act (MHA). This includes reflection of the 10 year review of Cheshire West, Leiven’s current judgments in the MB case and how our understanding of deprivation of liberty is evolving.
  • The relationship between DoLs and mental capacity assessments.
  • The emergence of the acid test and what this means for DoLs.
  • Safeguarding the liberty of those who sit outside of the DoLs framework: the role of the Court of Protection and the role of the worker in preparing for DoLs decision in the courts.
  • Strengths and shortfalls of DoLs and why they needed to change.
  • The necessary and proportionate considerations: the implications for assessment.
  • Challenging DoLs.

Outcomes:

By the end of the session, participants will have gained an understanding of their role in assessing and understanding the DoLs framework; their responsibilities when contributing to, or identifying when someone may be at risk of being deprived of their liberty. They will have reflected on how their current assessments can contribute to the understanding and evidencing of necessary and proportionate interventions.