Using this Guidance, Keywords and Forms
Amendment
In April 2024, to ensure a focus on DoLS specific terminology, keywords relating to the Mental Health Act 1983 have been removed.
This guidance has been written as part of a wider resource, with the purpose of developing and supporting users to understand and apply the Mental Capacity Act 2005.
Practitioners working specifically in the area of Deprivation of Liberty should always refer to the Deprivation of Liberty Code of Practice, current legal advice, available DoLS procedures and local processes to support their practice at all times.
Click here for The Deprivation of Liberty Code of Practice.
Regular newsletters regarding Deprivation of Liberty case law updates can be accessed at the 39 Essex Chambers website.
The Deprivation of Liberty Safeguards framework uses specific terminology that is different to the language used in other sections of the Mental Capacity Act.
Some of the keywords and their meaning are defined in the table below.
| Key word | Meaning |
|---|---|
| Best Interests assessment | The Best Interest assessment is the mechanism by which the 4 conditions of the Best Interest requirement are tested. |
| Best Interests Assessor | The Best Interests Assessor (BIA) is the name given to the person responsible for carrying out the Best Interests assessment. |
| Deputy | A deputy is a person (or sometimes an organisation like a Local Authority) that has been given special powers by the Court of Protection to make one or more specific decisions on behalf of a person who lacks capacity. |
| Attorney | A person who has been appointed to act as a Lasting Power of Attorney or an Enduring Power of Attorney in respect of specific decisions. |
| IMCA (Section 37) | An advocate appointed to represent a person in regard to specific decisions about non-urgent medical treatment. |
| IMCA (Section 39A) | An advocate appointed during the DoLS assessment process to represent the person when determining whether a deprivation is in their Best Interests. |
| IMCA (Section 39C) | An advocate appointed to represent the person after an authorisation is granted and there is not yet a suitable Relevant Person's Representative appointed. |
| IMCA (Section 39D) | An advocate appointed to support the relevant person or RPR to understand and access their rights following an authorisation. |
| Managing Authority | The registered person at the care home or hospital where the relevant person is receiving care and treatment. |
| Qualifying requirements | 6 requirements that must be assessed following a request for a standard authorisation. |
| Paid Relevant Person's Representative | A person paid to fulfil the role of the Relevant Person's Representative when there is no appropriate person to do so on an unpaid basis. The paid RPR's role is often assumed by an Independent Mental Capacity Advocate or solicitor. |
| Relevant person | The person receiving care and treatment. |
| Relevant Person's Representative (RPR) | A person (usually a family member or friend of the relevant person) that has been legally appointed to oversee the DoLS and request a review at any point should they or the person feel it is no longer required, appropriate or if additional deprivations other than those authorised seem to have been implemented by the placement. |
| Relevant rights | Relevant rights are the right to apply to the Court of Protection under section 21A and the right to request a review of a standard authorisation. |
| Standard authorisation | The authorisation of a Deprivation of Liberty by the supervisory body, following assessment of the 6 qualifying requirements. |
| Supervisory body | The Local Authority responsible for authorising a standard authorisation. |
| Urgent authorisation | The authorisation of a Deprivation of Liberty on an urgent basis by the managing authority, as a short term holding power only to allow a request for a Standard Authorisation to be considered by the Supervisory Body. |
There are specific forms that should be used when:
- Requesting authorisation of a Deprivation of Liberty;
- Carrying out assessments to determine whether qualifying requirements have been met;
- Authorising a Deprivation of Liberty;
- Suspending or terminating an authorisation;
- Requesting a review of an authorisation; and
- Referring for an IMCA.
Last Updated: February 5, 2024
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