What will happen after the BIA’s report?
- WSCC Publication
- Adult social care publications
- A guide for representatives under the Mental Capacity Act Deprivation of Liberty Safeguards
- What will happen after the BIA’s report?
If the BIA’s report says that the person is being deprived of their liberty and that this is in their best interests, we will arrange for one of our managers to review the report and confirm the DoLS authorisation needed. We will also write to the hospital or care home to give them details of the DoLS authorisation. The DoLS authorisation is to make sure the person is safe. The authorisation should be in place for as short a time as possible, and never for longer than one year.
What rights do people have under a DoLS authorisation?
- They can have a representative to support them. They can choose their own representative, such as a family member or a friend, before a DoLS authorisation is needed. If they cannot make this decision for themselves, but someone else has powers to make health and welfare decisions under a power of attorney, that person can choose someone to be their representative. If there is no one to do this, we will select a representative.
- They can ask for a review. If they are not happy about the DoLS authorisation, or they think the BIA got some things wrong in the report, they can ask for a review to make sure they are being treated in the right way.
- They can ask us about any conditions in the DoLS authorisation. These are things the care home or hospital have to do or change. If they do not think the care home or hospital is meeting the conditions, they (or you as their representative) should tell the care home or hospital. They can also tell us, or they can ask the Court of Protection to help.
- They can ask for a special kind of advocate. If they (or you as their representative) need help to challenge the decision to put the DoLS authorisation in place, they can ask for an independent mental capacity advocate to help with this.