Information for care homes and hospitals

How should hospitals and care homes (managing authorities) decide whether to apply for an Authorisation to deprive a person of their liberty?

Managing authorities should have a procedure in place that identifies:

• The person lacks the mental capacity to consent to the arrangements for their care/treatment.
• The arrangements in place are the less restrictive option, necessary to protect the person from harm, in place for the shortest possible time and in the person’s best interest.
• Whether they have taken all reasonable steps to avoid a deprivation of liberty.
• What action they should take if they need to request an authorisation.
• How they should review cases where an authorisation has been granted.
• Who should take the necessary action.

The Deprivation of Liberty Safeguards Code of Practice

The Government have produced a Deprivation of Liberty Safeguards Code of Practice (which has statutory force) which provides guidance for hospitals or care homes (managing authorities).

What is the application process?

Managing authorities will be required to complete standard forms as part of the application process when requesting to deprive a person of their liberty.

To support the application process some of the required forms are set out below.

Blank forms to download and complete:

• Form 1: Request for a standard authorisation and a urgent authorisation
• Form 2: Request for a further standard authorisation
• Form 10: Request for a review
• Form 12: Notification of death whilst deprived of liberty

Where to send completed forms

For people who are ordinarily resident in Torbay, applications can be sent to: The Deprivation of Liberty Safeguards Team, 3rd Floor Union House, Union Street, Torquay TQ1 3YA.

The Torbay Deprivation of Liberty Safeguards Team can be contacted on:

Tel: 01803 219832 (Monday to Friday, 9am to 5pm)
Email: Torbay Deprivation of Liberty Safeguards Team

All other applications should be sent to the Deprivation of Liberty Safeguards Team within the Local Authority that the person is ordinarily resident.

What should I do when an Authorisation to deprive a person of their liberty has been granted?

Torbay and South Devon NHS Foundation Trust have provided a post authorisation checklist to help hospitals and care homes understand their legal obligations.

Where can I find further information on the Deprivation of Liberty Safeguards?

Further information can be found on our Deprivation of Liberty Safeguards page.

Information regarding The Mental Capacity Act 2005 can be found by on our Mental Capacity Act 2005 page.