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Show full transcript for The Supervisory Body's Decision video

The supervisory body will ultimately make a decision on the information they have been provided. If any of the assessments indicate that the requirements of DoLs are not met, then the process will be stopped and authorisation refused. If authorisation is allowed, it should be for the shortest possible period.

The supervisory body may attach conditions to the authorisation, for example, those suggested by the best interests assessor.

If this has been agreed a copy of the written authorisation will be given to; the individual, the managing authority, the relevant person’s representative and every person consulted by the best interests assessor.

The responsibility is then with the Managing Authority to ensure that they take all reasonable steps to ensure that the individual understands; the authorisation and their rights, including their right to a review, how to use the complaints procedure, the right to have an Independent Mental Capacity Advocate instructed and their right to challenge the authorisation.

Once authorisation has been granted the supervisory body will appoint the relevant person’s representative. Their role is to keep in contact with the individual and represent and support them in all matters relating to the DoLs including reviews or complaints.

There is a strict criteria for who this person can be, they must; be at least 18 years old and not have any financial interest in the case and not be employed by the care home or hospital that is connected to the persons care.

The representative could be appointed in addition to an attorney or deputy or the attorney/deputy could themselves be appointed as the representative.

The authorisation of DoLs can be reviewed at any time, but it must be reviewed in certain situations, like if the relevant person no longer meets the assessment requirements or there has been a change in their situation.

It can be difficult to decide when to review and terminate the authorisation where a person’s capacity fluctuates, if in doubt it may be appropriate to apply for a fresh authorisation

The review is conducted by the supervisory body, but the care home or hospital does not have to wait for the formal review to end. If the Managing Authority decides if the deprivation is no longer necessary then they should end it immediately.

Whether the relevant person can regain capacity on a longer-term basis, is a clinical judgement, which will need to be made by a suitably qualified person.

The authorisation from the supervisory body expires at a time specified by the Supervisory Body, but cannot exceed 12 months. At this point, a new authorisation must be applied for, if it is still required.

In the event of a dispute, there is a strict procedure to follow. The dispute can be made by anyone who has a concern about an individual, this includes hospital and cares home staff.

If there is a dispute then the first point of call is to try and resolve the matter informally by holding a discussion, if this doesn’t resolve the matter, then follow the complaints system of the care home or hospital. If neither of these resolves the dispute, then you are able to ask for a review of authorisation if it’s already in place or apply to the Court of Protection.

If there is no DoLs authorisation in place and the duty manager has imposed an urgent authorisation and you disagree with this, you can approach the local authority and ask them to investigate whether an unlawful deprivation of liberty has occurred.