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Our policies inform the way we work at Sussex Partnership. To find a policy, please use the search tool or select from the list of policy categories below.
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Deprivation of Liberty (DoLS)
Change to the definition of a deprivation of liberty
In a judgment handed down on 2 June, the Supreme Court has overturned the previous "acid test" from Cheshire West and introduced a more flexible, person-centred approach.
In particular, decisions must now consider the individual's overall circumstances, including their wishes and feelings, rather than relying solely on whether they are under continuous supervision and control and not free to leave.
The Court clarified that a lack of mental capacity does not automatically mean a person cannot give consent to the care arrangements. Where individuals can express acceptance of their care arrangements, this may mean they are not considered deprived of their liberty.
Further details, including links to free webinars can be found here - https://staff.sussexpartnership.nhs.uk/integrated-legal-team/mental-capacity-act
The DoLS policy will be updated, and further guidance and training will be available in due course. In the meantime, if you have any queries please contact spft.mca@nhs.net.
Guidance for staff on the test for whether a patient has been deprived of their liberty
Guidance on the Mental Capacity Act 2005 (MCA) interface with the Mental Health Act 1983 (MHA)
Guidance for staff on how to apply for authorisation of a deprivation of liberty where a deprivation cannot be avoided.
Code
TP.MHA&MCA.304
Policy types
- MHA and MCA
