Requesting a Standard Authorisation
The managing authority must make a request for a standard authorisation when:
- The relevant person is detained in the care home or hospital (or will be detained within the next 28 days); and
- The relevant person already meets or is likely to meet (during the period that they will be detained) all of the 6 qualifying requirements.
For information about the 6 qualifying requirements, see: The Assessment of Qualifying Requirements for a Standard Authorisation.
The managing authority must also make a request for a standard authorisation when there is an existing authorisation that is due to expire and:
- The relevant person continues to be detained for care and treatment; and
- The relevant person continues to be likely to meet the qualifying requirements under the Deprivation of Liberty Safeguards.
The managing authority is required by law to keep a written record of all authorisation requests it makes and the reasons for it.
When requesting a standard authorisation, the managing authority should put an urgent authorisation in place when there is no other option but to deprive a relevant person of their liberty in the period that an initial standard authorisation application is being considered.
If a standard authorisation is already in place but due to expire, an urgent authorisation cannot be used.
An urgent authorisation comes into force as soon as the relevant section of the standard authorisation request is completed and signed by the managing authority. No confirmation or authority is needed from the supervisory body for an urgent authorisation.
An urgent authorisation expires automatically 7 days after it comes into force.
If the restrictions authorised by the urgent authorisation need to be in place longer than 7 days, the supervisory body can agree to an extension if the standard DoLS authorisation process will not be completed during that time.
managing authority should also complete the Urgent Authorisation Extension Request section of the standard authorisation request form. This does not guarantee that the urgent authorisation will be extended by the supervisory body, but that an extension will be considered if the standard application has not been considered by the time that the urgent authorisation expires.
The extension will expire automatically 7 days after it comes into force. No further urgent authorisation extensions can be requested or granted.
The Court of Protection has the power to authorise or direct that a person be detained for care or treatment in a care home or hospital but it does not have the power to authorise a Deprivation of Liberty under the DoLS framework. Instead it must either:
- Direct the supervisory body to authorise a deprivation; or
- Direct the managing authority to request a standard authorisation.
If, for whatever reason the Court does not make such a direction the managing authority has a duty to request an authorisation based on the standard criteria for doing so.
Upon receiving a request for a standard authorisation from the managing authority or the Court the supervisory body must:
- Make a written record of the request;
- Establish whether the 6 qualifying requirements to provide a standard authorisation are met.
For information about the 6 qualifying requirements, see: The Assessment of Qualifying Requirements for a Standard Authorisation.
Last Updated: February 5, 2024
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