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Deprivation of liberty: guidance for providers of children's homes and residential special schools

Publisher
Office for Standards in Education, Children’s Services and Skills
Publication Date

Abstract

Microsoft Word - Headed guidance re DOLS 2014 _2_ PDF _2_.docx 1 Deprivation of liberty - guidance for providers of children’s homes and residential special schools 1. This is guidance, issued jointly by the President of the Court of Protection and Ofsted, on the deprivation of liberty under the Mental Capacity Act 2005. 2. There are two ways in which a deprivation of liberty can be authorised and so in which a person can be deprived of their liberty under the Mental Capacity Act 2005:  An urgent or standard authorisation which can only be given by a supervisory body on the request of a managing authority of a hospital or care home1 in respect to a person who has reached 18. This specifically excludes an establishment which is a children’s home. An urgent or standard authorisation cannot be given in respect of a children’s home. Nor can an urgent or standard authorisation be made in relation to a person under the age of 18 years old.  By order of the Court of Protection2: orders and declarations of the Court of Protection are made in relation to a person who is over the age of 16 and lacks capacity. The order may authorise (not require) the detention of that person. Any such order is a decision on behalf of the person who lacks capacity - it is not like an injunction aimed at requiring third parties to take steps to facilitate the detention of that young person. 3. The Court of Protection should be reminded by the parties of the Regulations that apply to children’s homes and residential special schools. The Court of 1 Such authorisations are granted under Schedule A1 of the Mental Capacity Act 2005. The meaning of a care home is provided by section 3 of the Care Standards Act 2000 (Para. 178 of Schedule A1 to 2005 Act) 2 Sections 4A(3) and (4) and section 16(2)(a) of the 2005 Act. 2 Protection does not have the jurisdiction to require any home or school to act

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