By standard, DoL authorisation should be completed and accepted within 21 days. This may vary depending on the situation, however, as more serious and urgent cases will require a fast-track authorisation.
As Local Authorities are under increasing pressure, the process can however take months or even years in some cases particularly when an Urgent Authorisation is in place and a Standard Authorisation has been applied for.
Within the following guide, the expert solicitors at Ramsdens have explained the DoL authorisation process and when it may be necessary to take more extreme measures.
What is the DoL authorisation process?
Before removing liberty from an individual for their safety, authorisation must first be sought. This is to be provided to the authority responsible for maintaining the individual’s health, so they can take action to help the individual against their wishes. This authority may be the care home or hospital administrator, for example.
The authorisation must be given by a supervisory body to ensure that the decisions being made are, in fact, in the best interests of the individual.
For the DoL application to be successful, the following criteria must be met:
- The individual is aged 18 or over
- The individual is suffering from a mental health issue
- The actions mandated by the DoL will benefit the individual
- There is no advance decision or authority in place that overrides the DoL
These points will be assessed by the supervisory body, who will also consider whether the individual might benefit more from being detained in line with the Mental Health Act.
What happens after a DoL application is accepted?
The DoL will usually be authorised for 12 months, and should be reviewed before the time is up to determine whether the individual’s circumstances still meet the criteria. If the individual still needs to be held under a DoL, the authority will be required to reapply for a new term. There are, however, significant delays with this presently.
If the individual’s situation improves and they no longer need to be held under a DoL, this should be immediately rectified. The local authority is required by law to monitor the individual’s condition and return their decision-making ability back to them as soon as the individual is able.
What happens if a DoL application is declined?
In most cases, the authority will have already determined whether they are likely to be successful in their DoL application, and will not apply for one if they do not believe it will be accepted. However, if their application is declined, the care home or hospital will be required to find other ways to help the individual that will not affect their liberty.
Contact us
The expert solicitors at Ramsdens are experienced in handling DoL issues from both sides. If you are concerned about a DoL that is being made for you or someone you know, you should contact us immediately to discuss your situation.
Call us today on 0344 3260049, or fill out an online contact form and we will be in touch.