DSA

DOLS - Key documents

When Dave Sheppard retired in 2020 he kindly gave me permission to publish the contents of his website (originally named after his firm, "Dave Sheppard Associates", then called "MHAandMCA"). It is a treasure trove. I've not had time to prepare everything for publication but have put the main headings online: let me know if you would like a copy of anything listed.


Links

Schedule A1 - Hospital and care home residents: deprivation of liberty (external link)

Schedule 1A - Persons ineligible to be deprived of liberty by this Act (external link)

Code of practice, English ; Welsh

Regulations (external link)

Facebook: Deprivation of Liberty Safeguards

Developments

Mental Capacity (Amendment) Act 2019 (external link)

Deprivation of Liberty in the hospital setting, 39 Essex Chambers, November 2019

DoLS case law summary 2017 - 2019, Edge, October 2019 (external link)

Disability-specific forms of deprivation of liberty, Centre for Disability Law and Policy, National University of Ireland Galway, April 2019 (external link)

The Government's Response to The Joint Committee on Human Rights 7th and 12th Reports, April 2019

Eldergill, Anselm, Are all incapacitated people confined in a hospital, care home or their own home deprived of liberty? Academy of European Law, April 2019

Reforming the Mental Health Act, Centre for Mental Health, April 2019 (external link)

Joint Committee on Human Rights - Legislative Scrutiny: Mental Capacity (Amendment) Bill, October 2018

The Right to Freedom and Safety: Reform of the Deprivation of Liberty Safeguards, June 2018

Final Government Response to the Law Commission's review of Deprivation of Liberty Safeguards and Mental Capacity, March 2018

The Right to Freedom and Safety, Joint Committee of Human Rights, February 2018 (external link)

DoLS applications and authorisations by disability group and age group, January 2018

Government interim response to the Law Commission report on Mental Capacity and Deprivation of Liberty, October 2017

Deprivation of Liberty Safeguards, House of Commons Library, October 2017

39 Essex Chambers: Special Report: The Law Commission's Mental Capacity and Deprivation of Liberty Report, April 2017

Mental Capacity and Deprivation of Liberty, Law Commission, March 2017

Mental Capacity and Deprivation of Liberty - Summary, Law Commission, March 2017

Mental Capacity and Deprivation of Liberty - Impact Assessment, Law Commission, March 2017

Chief Coroner guidance No.16A, Deprivation of Liberty Safeguards - 3rd April onwards, March 2017

Faculty of Intensive Care Medicine and the Intensive Care Society guidance on MCA and DoLS, February 2017

Deprivation of Liberty Safeguards (England), Annual Report 2015-16, November 2016 (external link)

Judicial deprivation of liberty authorisations, 39 Essex Chambers, November 2016

List of Independent Best Interests Assessors (BIAs), ADASS, October 2016 (external link)

Advice note, ADASS, October 2016

DoLS State of health care and adult social care 2015-16, Care Quality Commission, October 2016

Do BIA assessments under DoLS have a positive impact for people? September 2016

Deprivation of Liberty orders, HM Courts & Tribunals Service, September 2016 (external link)

A brief guide to carrying out best interests assessments, 39 Essex Chambers, August 2016

A brief guide to carrying out capacity assessments, 39 Essex Chambers, August 2016

Best interests assessor: list of organisations providing training, Department of Health, June 2016

Law Commission - Mental Capacity and Deprivation of Liberty: Interim Statement, May 2016

Court of Protection - forms and guidance, HM Courts and Tribunal Service, March 2016 (external link)

Chief Coroner guidance No.16, Deprivation of Liberty Safeguards, updated January 2016

A Best Interest Assessor time study, Cornwall County Council, December 2015

Department of Health response to the Law Commission's consultation on mental capacity and deprivation of liberty, December 2015

Responses to Law commission consultation LIN; Law Society; INQUEST; National Care Forum; National Preventative Mechanism; RCN; RCPsych; VoiceAbility; ADASS/LGA; Alzheimer's Society; Bar Council; BASW; BMA; Browne Jacobson; CQC; EHRC; HCPC; Housing

Update on the Mental Capacity Act and Deprivation of Liberty Safeguards, Department of Health, October 2015

Guidance to support advocates in challenging decisions or actions with or on behalf of individuals, Empowerment Matters, July 2015

Deprivation of Liberty Safeguards factsheet, Age UK, July 2015

Any the wiser? Deprivation of Liberty in Housing, Housing LIN, July 2015

Mental Capacity Act including the Deprivation of Liberty Safeguards - An improvement tool, ADASS, July 2015

Mental Capacity and Deprivation of Liberty: A Consultation Paper, Law Commission, July 2015

Deprivation of Liberty Safeguards, SCIE, June 2015

Addressing the Conundrum: the MCA or the MHA? article from Clinical Risk, June 2015

The impact on AMHP practice and service delivery by the Supreme Court judgment on Deprivation of Liberty, TCSW, June 2015

The Deprivation of Liberty Safeguards - At a glance, Social Care Institute for Excellence, May 2015

Transparency in the Court of Protection, Cardiff University, April 2015

Identifying a Deprivation of Liberty: a practical guide, Law Society, April 2015

The impact of the judgement of the Supreme Court on DoLS on healthcare, LGA and ADASS, March 2015

Use of the Court of Protection's welfare jurisdiction by supervisory bodies in England and Wales, Cardiff University, February 2015


Acting as a litigation friend in the Court of Protection, University of Manchester, January 2015

Department of Health updated guidance, January 2015

Cambridgeshire County Council, Local Government Ombudsman, January 2015

Bartlett, P., Reforming the Deprivation of Liberty Safeguards (DOLS): What is it exactly that we want?, 2014 (external link)

Coroners guidance, December 2014

An update for hospices, Hospice UK and National Council for Palliative Care, November 2014

ADASS updated guidance, November 2014

Model Re X Order, November 2014

Deprivation of liberty in intensive care, Crews et al, JICS, Volume 15, Number 4, October 2014

Acting as a litigation friend in the Court of Protection, The University of Manchester, October 2014

Department of Health updated guidance, September 2014

Deprivation of Liberty Safeguards: putting them into practice, Report 66, SCIE, August 2014

IMCA and paid relevant person's representative roles in the Mental Capacity Act Deprivation of Liberty Safeguards, SCIE, June 2014

Government response to House of Lords Select Committee, June 2014

Post Cheshire West; Key questions for social workers and medical practitioners, 39 Essex St, May 2014

Positive and Proactive Care: reducing the need for restrictive interventions, Department of Health, April 2014


Briefing for providers on the Deprivation of Liberty Safeguards, CQC, April 2014

Deprivation of Liberty after Cheshire West, 39 Essex St, March 2014

P v Cheshire West and Chester Council; P and Q v Surrey County Council, Supreme Court, March 2014

House of Lords Select Committee on the Mental Capacity Act, March 2014

Best Interest Assessor Capabilities, The College of Social Work, March 2013

Deprivation of Liberty or No Deprivation of Liberty, Lucy Series, August 2012

DoLS, Department of Health Archived Website as at 5th April 2012 (external link)

DoLS Briefing, Essex Autonomy Project, February 2011

New DoLS forms - England (March 2015)

Guidance to the forms

Form 1 - Request for standard / urgent authorisation

Form 2 - Request for a further standard authorisation

Form 3 - Age, Mental Capacity, No Refusals, Best Interests assessments and selection of representative

Form 3A - Best Interest assessment - No Deprivation

Form 4 - Mental Capacity, Mental Health and Eligibility Assessments

Form 5 - Standard authorisation granted

Form 6 - Standard authorisation not granted

Form 7 - Suspension of standard authorisation

Form 8 - Termination of appointment of representative

Form 9 - Standard authorisation ceased

Form 10 - Review request

Form 11 - IMCA referral

Form 12 - Notification of death to coroner whilst person deprived of liberty

New DoLS forms - Wales (October 2015)

DoLS forms guidance, Welsh Government

Revised standard forms, Welsh Government (external link)

Deprivation of Liberty Safeguards guides

A guide for primary care trusts and local authorities (OPG607)

A guide for hospitals and care homes (OPG608)

A guide for relevant person's representatives (OPG609)

Quick guide to DoLS, ADASS, 2017

Quick guide to DoLS orders, ADASS, 2017

DoLS Standard Authorisation - Your rights, LGA / ADASS / NHS, July 2016

Welsh Assembly Government - Guidance for Managing Authorities working within Deprivation of Liberty Safeguards (February 2009)

Welsh Assembly Government - Guidance for Supervisory Bodies working within Deprivation of Liberty Safeguards (February 2009)

Statistics

Deprivation of Liberty Safeguards (England), Annual report, 2018 - 19, November 2019 (external link)

2017 - 18; 2016 - 17 ; 2015 - 16; 2014 - 15; 2013 - 14; 2012 - 13; 2011 - 12 ; 2010 - 2011 ; 2009 - 2010

Family Court statistics, Ministry of Justice

2018: Q1 pdf, xls : Q2 pdf , xls : Q3 pdf , xls

2017: Q1: pdf, xls : Q2 pdf, xls Q3: pdf, xls , Q4: pdf, xls

2016: Q1: pdf, xls Q2: pdf, xls , Q3: pdf, xls , Q4: pdf, xls

2015: Q1: pdf, xls, Q2: pdf, xls , Q3: pdf, xls, Q4: pdf, xls

2014: Q1, Q2, Q3 , Q4

2013: Q1 , Q2, Q3 , Q4

2012: Q1, Q2, Q3, Q4

2011: Q1, Q2, Q3, Q4

2010: Q1, Q2, Q3, Q4

Care Quality Commission - State of health care and adult social care

State of Care 2018-19, October 2019

State of Care 2017-18

State of Care 2016-17

State of Care 2015-16

Monitoring the use of the Mental Capacity Act, Care Quality Commission - England

Deprivation of Liberty Safeguards in 2014 -15

2013 - 14; 2012 - 13 ; 2011 - 12 ; 2010 - 2011; 2009 - 2010

Monitoring the use of Deprivation of Liberty Safeguards, Health Inspectorate Wales & Care and Social Services Inspectorate Wales

Deprivation of Liberty Safeguards Annual Monitoring Report: 2017 - 18 (May 2019)

2016 - 17; 2015 - 2016; 2014 - 2015; 2013 - 2014; 2012 - 2013; 2011 - 2012; 2010 - 2011 ; 2009 - 2010; 2009 - 2010 CSSIW

A National review of the use of Deprivation of Liberty Safeguards in Wales (November 2014)

DSA archive