Deprivation of Liberty Safeguards Standard Forms

On 27/2/09 the Department of Health, and the Welsh Assembly government, separately published final versions of all DOLS-related forms, for managing authorities, supervisory bodies etc. These forms are not compulsory but their use is encouraged.

The forms

England

Wales

N.B. On 6/4/09 new PDF versions of forms 11, 12, 13, 18, 20, 21, 22, 23, 26, 27, 28 and 30 were published. There was a software error in the original versions. Extract from DH website Draft deprivation of liberty safeguards standard forms were made available in October last year to facilitate best practice, training and preparation in advance of 1 April 2009, when the deprivation of liberty safeguards come into effect. The set of documents and forms published on 27 February 2009 constitute the final version of the forms and contain all the forms, developed to date, for both supervisory bodies and for managing authorities, and a form for IMCAs to make reports / submissions to supervisory bodies. They should not be used to trigger an urgent authorisation or to request a standard authorisation before 1 April 2009. The final versions now include new referral forms for supervisory bodies to request best interests and mental health assessors to act on their behalf and for them to request IMCA services and, as above, an IMCA report form. The forms can be adapted but, if used in unedited form, they help all those involved in the safeguards processes to fully meet the requirements of the deprivation of liberty safeguards legislation. Anybody in possession of or using the draft forms published last year is strongly advised to dispose of those forms, as there have been a number of amendments made to them since October 2008, and replace them with and use the current versions The documents and forms published today are in both rtf and pdf formats and in single continuous documents that contain all the forms and documents. Individual forms can be printed off and filled in as hard copies and rtf format forms, if individually extracted can be completed, saved and stored as electronic documents. Early in March 2009, a further set of forms and documents (in both rtf and pdf formats) will be published here. Those documents and forms will be separated out and available in single files rather than as today in a single continuous document. ... These are standard and not statutory forms but supervisory bodies and managing authorities, and IMCAs, are strongly encouraged to use them as their use will fulfil not only their legal obligations but will bring a nationwide consistency to the implementation of the safeguards. Resources DH website: Standard forms Old draft standard forms

Extract from Welsh Guidance From 1 April 2009 any care home or hospital treating or caring for a person in such a way that they are depriving that person of their liberty is required to seek authority to do so. Both the “Guidance for Supervisory Bodies” and “Guidance for Managing Authorities” explain the process that must be followed in order to obtain authorisation if there is not already authority given by the court. This guidance contains information about the recommended forms and letter that may be used in the authorisation process. It should be noted that these forms and letters are not prescribed by statute and are simply suggested documents designed to ensure that the correct processes are followed according to the requirements of the deprivation of liberty safeguards. Whilst there is no legislative requirement to use these standard forms or letters they cover the record-keeping and notice-giving that is required by statute and therefore their use in unedited form will help to ensure compliance with the safeguards and also promote a consistent approach to record-keeping. Managing authorities, supervisory bodies, and assessors may wish to adapt these forms and letters, to accommodate their own record keeping policies and arrangements. Resources Wales NHS website: Forms and letters Guidance - Standard forms and letters for the Mental Capacity Act Deprivation of Liberty Safeguards - February 2009

See also

Deprivation of Liberty Safeguards