Allied Healthcare statement

Allied Healthcare has advised us that they are under new ownership from 30 November 2018. This means residents who have been receiving services from their valued home care workforce will continue to do so. Find out more by reading our full statement

Mobile meal deliveries for Havering residents - Changes to the Sodexo service

Residents affected by the change-over in mobile meals provider Sodexo can contact the Council for advice and support. Sodexo, which has been delivering meals to residents since 2016, stopped providing meals on Friday, 30 November 2018. A number of residents who have moved to the new provider Aki Catering have been experiencing difficulties. If you’ve been affected and need support, please contact 01708 434656, Monday to Friday, 9am to 5pm. For any emergency situations between 5pm and 9am or over the weekend, please contact our out of hours service on 01708 433999.

Deprivation of liberty safeguards

The Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act 2005.

Mental capacity is about being able to understand, retain, use and weigh information and make a decision based on that information.

Sometimes people in hospitals and care homes cannot make their own decision about their care or treatment. They need extra protections to make sure they are not harmed.

There are cases where the care arrangements are restrictive to the point that someone is deprived of their liberty.

The Supreme Court in 2014 determined that a deprivation of liberty occurs when:

  • a person is under continuous supervision and control in a care home or hospital
  • is not free to leave
  • the person lacks capacity to consent to these arrangements

If a care home or hospital believe that someone in their care is being deprived of their liberty they must apply for the deprivation to be legally authorised.

If you are a care home or hospital and would like to Request a DoLS Authorisation please complete our online form.

What happens next?

When a request for a deprivation of liberty authorisation is made, we arrange assessments before a decision is made whether or not a the Authorisation can be granted.

These assessments are completed by two independent assessors:

They will find out whether the care arrangements or treatment amount to a deprivation of liberty and whether it is in the person’s best interests.

As part of the best interest assessment, the assessor will:

  • consult with relatives, friends and other people involved in the person’s care
  • involve an independent advocate in certain circumstances

A deprivation of liberty is granted for a period of time up to a year.

Representatives

When a Deprivation of Liberty Authorisation is granted, we will appoint a representative. This could be could be a relative, friend or a paid representative.

The role of a representative is to:

  • maintain regular contact with the relevant person
  • to represent and support the relevant person in all matters relating to the deprivation of liberty safeguards.
  • if appropriate, triggering a review, using an organisation’s complaints procedure on the person’s behalf or making an application to the Court of Protection.

In summary, the safeguards ensure:

  • that the arrangements are in the person’s best interest
  • the person is appointed someone to represent them
  • the person is given a legal right of appeal over the arrangements
  • the arrangements are reviewed and continue for no longer than necessary.

The deprivation of liberty:

  • should be avoided wherever possible
  • should only be authorised in cases where it is in the relevant person's best interests and the only way to keep them safe
  • should be for as short a time as possible
  • should be only for a particular treatment plan or course of action

What if a deprivation of liberty occurs elsewhere other than care home or hospital?

For deprivation of liberty in other settings please visit our community setting page.

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