Deprivation of Liberty Safeguards (DoLS) protect people who lack capacity to consent to being deprived of their liberty. This means that because an illness, an injury or a disability has affected the way their mind works they are not able to agree that they will not be allowed to do certain things.
Because of the DoLS vulnerable people cannot have their freedom taken away unless it is in their best interests and there is no ‘less restrictive alternative’ (an option which will affect the person’s freedom or rights less).
The Supervisory Body (the local council where the person normally lives) decides if a person can legally be deprived of their liberty and for how long. To do this they arrange assessments.
POhWER’s advocates protect the human rights of people who lack capacity and seem to be being deprived of their liberty. POhWER’s advocates work with them to make sure the deprivation is lawful, reasonable and in their best interests.
When the Supervisory Body is considering a DoLS authorisation an Independent Mental Capacity Advocate (IMCA) should be appointed for anyone who does not have a suitable friend or family member to speak for them. The IMCA supports the person and collects information about them including their beliefs, values and previous behaviour and uses this to write a report for the assessors. The IMCA can also challenge decisions made by the assessors. This is a 39A IMCA.