Deprivation of Liberty: Authorisation and Procedures

Understanding Standard Authorisation

Before deciding on deprivation of liberty, an application for standard authorisation must be completed.

• The managing authority (e.g., care home manager, NHS trust) is responsible for applying for authorisation.
• Authorisation is required upon admission to or stay in a hospital or care home.
• Deprivation without authorisation is unlawful.

Process of Standard Authorisation

Steps involved in applying for standard authorisation:

• Consider alternative care options to avoid deprivation.
• Submit a written application to the local supervisory body (usually the local authority).
• The supervisory body has 21 days to decide on the application.
• Application includes personal details, medical information, care plans, and proposed restrictions.
• Supervisory body conducts assessments to determine eligibility.
• Decision to grant or refuse authorisation based on assessment.

Emergency Authorisation

Urgent authorisation in emergencies:

• Can be granted by hospital or care home management alongside standard authorisation request.
• Typically valid for seven days; may be extended by supervisory body under certain circumstances.
• All decisions must follow structured procedures and be well-documented.

Advanced Decisions and Capacity

Considerations regarding advanced decisions:

• Individuals over 18 can make advanced decisions in writing regarding refusal of medical treatment.
• Health professionals must validate advanced decisions when capacity to decide is lost.