There is a code of practice that applies to DoLS. This is a book of rules that explains what should happen and tells the people involved in your care what to do.

The code of practice says that the hospital or care home that is caring for or treating you is called the ‘managing authority’. If the managing authority thinks you need to be deprived of your liberty, it must make sure this is allowed under DoLS.

Who are the supervisory body and what do they do?

We are the supervisory body in West Sussex. The managing authority must write to us to tell us that you need a DoLS authorisation.

The code of practice says we must decide whether you need a DoLS authorisation. We will do this by arranging for at least two people to check how you are being treated or cared for. These people are called DoLS assessors.

One of the assessors will be a doctor. They will decide whether you are able to decide for yourself whether to stay in the care home or hospital. They will meet with you and then give us a report.

The second assessor is called a best interests assessor (BIA). The BIA is a professional who has carried out specialist training to do this role. The BIA must be independent, which means that someone who is already involved in your care can’t be the BIA.

The BIA will discuss your needs with anyone who has a valid power of attorney (is legally allowed to make specific decisions for you and act on your behalf).

The BIA will meet with you to find out your views and feelings about the care arrangements. They must also speak to any family members and friends who are closely involved in your life.

If the Court of Protection has authorised someone to act on your behalf, the BIA will also work closely with that person to make sure any decisions that are made about your care and support are in your best interests.

A ‘best interests’ decision can only be made for you if you are lacking the mental capacity to decide for yourself whether to stay in the hospital or care home.

The BIA will write a report to tell us if a DoLS authorisation is needed and, if so, how long it should apply for. Sometimes the BIA’s report will include ‘conditions’, which are actions that the managing authority must carry out.

What will happen after the BIA's report?

If the BIA’s report says that you are being deprived of your liberty and that this is in your best interests, we will arrange for one of our managers to review the report and confirm the DoLS authorisation needed for you. We will also write to the hospital or care home to give them details of the DoLS authorisation, and staff involved in your care will explain the arrangements to you.

The DoLS authorisation is to make sure you are safe. The authorisation should be in place for as short a time as possible, and never for longer than one year.

You will get a copy of the DoLS authorisation.