Best Interest Assessments for Deprivation of Liberty Safeguarding

Deprivation of Liberty Safeguards ( known as DoLS) were introduced, as part of the Mental Capacity Act (2005), to provide a legal framework around the deprivation of liberty. They provide legal protection for vulnerable people who are, or may become, deprived of their liberty when placed or residing in a hospital or care home.

DoLS require a ‘managing authority’ ( ie relevant hospital or care home) to seek authorisation from a ‘supervisory body’, in this case Trafford Council, to be able to deprive someone lawfully of their liberty.

The safeguards apply to people aged 18 or over in England and Wales who have a ‘mental disorder’ and lack the capacity to consent to care or treatment in a hospital or care home where this may be necessary to prevent them from harm and appears to be in their best interests.

The process involves a number of assessments undertaken by a Best Interests Assessor ( a Social Worker with specific training) and a doctor approved under Section 12 of the Mental Health Act 1983 with appropriate DoLS training ( or a registered medical practitioner who meets specified criteria).

Trafford council are looking for a provider to complete 200 standard Best Interests and related Assessments (ie Age, Mental Capacity, No Refusals and Selection of Representative) to ensure compliance with legislation and related policy within a 10 week period.

To complete up to 100 further Best Interests and related assessments within a further period of time no longer than 6 months from the start of the contract.

To provide the opportunity for up to 20 Council Social Work staff trained as BIAs to shadow experienced BIAs, providing practical experience to complement and complete their formal BIA training.