Challenging deprivation of liberty safeguards
The local authority has an obligation to ensure that those subject to a deprivation of liberty safeguards authorisation have the right to challenge before the Court of Protection. The Relevant Person Representative is duty bound to assist the individual to make an application to the court.
The following are examples of situations where an application to the Court of Protection might be made:
- If the person under a DoLS Authorisation objects to the deprivation of liberty. (This could be verbal objections or actions that may indicate an objection.)
- If there is dispute about the person’s best interest.
- If there is potential conflict with an apparent advance decision to refuse treatment or decision of an attorney.