Deprivation of liberties / removal of rights

[Man in the middle]

The link below will take you to the Government's page on how to challenge a Deprivation of Liberties (DoL) order:

Deprivation of Liberty orders - GOV.UK

WWW.GOV.UK

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How to apply to the Court of Protection to challenge an order restricting someone's freedom or get a deprivation of liberty authorised.

From the speed this has been implemented I get the impression that this has been granted as an "Urgent" DoL Order. If so, it will have been authorised by the hospital and can last for no more than seven days. Standard DoL Orders must be authorised by (usually) the local authority and there is a clear process for them to do this and there are a number of criteria that must be met before an order should be granted. These include:

 

• The person is suffering from a mental disorder.
• The person lacks capacity to decide for themselves about the restrictions which are proposed so they can receive the necessary care and treatment.

 

Before granting an Urgent DoL order the hospital should have spoken to you (or another relevant person) to discuss the plan and determine if another method of treatment that does not entail deprivation of liberty is possible.

 

This article provides information about the protections that are in place to prevent unlawful or unnecessary DoL:

 

Liberty Protection Safeguards (LPS): Latest developments | SCIE

WWW.SCIE.ORG.UK

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More information about Liberty Protection Safeguards, replacing DoLS for likely implementation in October 2020.

Edited July 30, 2022 by Man in the middle

[Man in the middle]

You are getting somewhat ahead of events.

 

If it is a doctor (i.e. the hospital) who has initiated the DoL order it is only valid for seven days. It is what is termed an "urgent" DoL order. A standard DoL order (which can last up to 12 months) can only be issued by a  Local Authority and that is what will be required if your mother is to be detained for longer. Securing a standard DoL order is a process which involves at least six assessments of the patients condition and the proposals planned to treat it. It includes a "Mental Health" Assessment and a "Best Interests" assessment. This also makes provision for, wherever possible, that someone to be appointed as the relevant person’s representative in an unpaid capacity (i.e. a family member or friend). This is something that should also have been discussed with you before an "urgent" DoL order was made.

 

Whether the doctor you mention has any non-medical reasons for seeking this order is difficult to say. But from your description it seems, on the face of it, that due process has not even been carried out properly before the "urgent" DoL order was made. You must keep on top of this. In particular, when you attend Monday's meeting, you must establish why it is considered necessary to detain your mother, what plans there are for her treatment that requires her detention and why that treatment cannot be sustained without her detention. You should also question why you were not consulted before the "urgent" DoL order was made. At worst, you must be prepared to challenge the  order (which will expire next Friday anyway) in the Court of Protection if necessary. You can do this if you think:

• the order may not have been authorised properly
• this action is not in the person’s best interests
• the person has mental capacity to decide their own treatment

Deprivation of Liberty is not something even a court embarks on lightly without evidence of its necessity, its likely duration and the consideration of alternatives. The Supreme Court heard a case about DoL orders a few years ago and some harsh criticisms and recommendations for changes came from that. I don't know if your mother's doctor is aware of that.

[Man in the middle]

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So, I'd suggest that instead of trying to get them to keep her in hospital, that you aim for them to asses a package of care that enables her to go back home, that (with adequate support) being in her best interests. 

 

I absolutely agree. But in this particular case no consideration appears to have been given to that option. Instead the patient has been summarily deprived of her liberty - a course of action that should only be considered as a last resort when all other options have been considered and discounted. Furthermore there seems to have been no discussion with the patient's family (which is clearly seen as desirable if not necessary). At the very lowest there seems to have been an enormous abuse of process here. Nobody should be deprived of their liberty in these circumstances on the whim of a single person without suitable alternatives being considered. Even convicted criminals are entitled to have alternatives to custody duly considered by a judge or magistrates.

[Man in the middle]

It's difficult to say because we don't really know exactly what process was adopted! I suppose it depends on what the hospital actually tells you they did. But the fact that you were not consulted at all points to there being breaches of the guidance at the very least. I think you need to major on the reasons why this step was taken, Among the questions you should demand answers to:

 

• Why did they consider it was necessary to detain her (which can be done by force if necessary, so it's not something that should be undertaken lightly)?
• How will her treatment suffer if she is not detained?
• What alternatives were considered before the DoL decision was taken?
• Why was it deemed necessary to take that decision on Friday afternoon and before you had been consulted?
• Exactly what changed to prompt the DoL order being considered?

 

You should also get confirmation that this is an "urgent" DoL order (and thus lasts only seven days) and if so are there plans to seek a "standard" DoL order? Ultimately I think you need to make it clear that you are  prepared to have the issue considered by the Court of Protection (how to do this is in my first post).

 

Do let us know what happens. 

Edited July 31, 2022 by Man in the middle

[Man in the middle]

Excellent news.

 

I think the hospital authorities need to realise that a DoL order is a serious step and not something to be undertaken lightly. The hospital can only impose an "urgent" (i.e. 7 day) DoL and the clue is in the name - there should be some urgency that makes its imposition necessary. But from your description I cannot see any urgency in imposing one, especially on a Friday afternoon. It wasn't as if your mother was going to up sticks and walk out against medical advice or anything.

 

It depends how much you want to put into this. I imagine that once Mum is home and settled you may simply want to put it behind you and move on and I wouldn't blame you for that. But depending on their reasoning (which I hope was explained to you and I'd be interested to hear it if they explained it to you) I believe the hospital should be taken to task for this. It has caused an awful lot of unnecessary worry and stress. Let things settle down first though, and get Mum home safely.