The Supervisory Body's Decision

📋 DoLS Authorisation: Outcome, Rights, and Disputes

The supervisory body, usually the local authority, is responsible for deciding whether to grant or refuse a Deprivation of Liberty Safeguards (DoLS) authorisation. This decision is based on the six statutory assessments submitted. If any one of these assessments fails, the process stops, and the authorisation is refused.

✅ If Authorisation is Granted

The authorisation:

• Must be for the shortest time necessary, up to a maximum of 12 months.
• May include special conditions based on the Best Interests Assessor's recommendations.
• Must be shared with:
  • The individual concerned (relevant person)
  • The managing authority (care home or hospital)
  • The Relevant Person’s Representative (RPR)
  • Anyone consulted during the assessment process

🔍 Rights and Responsibilities

The managing authority must ensure the individual understands:

• The existence and nature of the authorisation
• Their right to request a review
• How to use the organisation’s complaints procedure
• The right to an Independent Mental Capacity Advocate (IMCA)
• The right to challenge the authorisation in the Court of Protection

👤 Relevant Person’s Representative (RPR)

• Appointed by the supervisory body to support or represent the individual
• Must be 18 or over, with no financial interest or employment in the care provider
• Can be an existing attorney or court-appointed deputy

🔄 Reviewing or Ending a DoLS Authorisation

• Authorisations can be reviewed at any time
• Must be reviewed if:
  • The person no longer meets the assessment criteria
  • Their condition changes significantly
  • The deprivation is no longer necessary
• Fluctuating capacity may require a new application
• The care provider should not wait for a review to end an unjustified deprivation

⚖️ Disputes and Complaints

• Start with informal discussion
• If unresolved, use the organisation’s complaints procedure
• Request a formal review or apply to the Court of Protection if needed

🚨 Unauthorised Deprivation

If an urgent authorisation is in place but no formal authorisation follows, or if no process is started at all, contact the local authority to request an investigation into a possible unlawful deprivation of liberty.

Every individual’s liberty must be protected by law. DoLS authorisations must be carefully assessed, implemented fairly, and reviewed as needed to safeguard rights.