Do Deprivation of Liberty Safeguards apply to 16 year olds?


The Deprivation of Liberty Safeguards (DOLs) are a statutory scheme that is designed to streamline the process of approving the deprivation of a person’s liberty, where they lack capacity to consent to this themselves, and it’s in their best interest to do so.
At the moment the scheme only applies if the protected party is aged over 18 or over, and they are in a CQC registered setting, which means a care home or a hospital. The scheme allows the CQC registered setting to make a referral for a paper-based authorisation for the deprivation of liberty. A number of assessments and documents are completed, and the local authority then determines whether to authorise the deprivation of liberty and for how long.
If the protected party doesn’t meet one of the criteria, i.e. they are 16 or 17, or living in a family home, then the paper based DOLs process doesn’t apply.
However, when someone is 16 or 17, their parents can no longer consent to their child’s deprivation of liberty, even though they can make decisions about their health and care generally.
Therefore, if a person is 16 or 17, and lacks capacity to consent to a deprivation of their liberty, the only way to obtain approval for this is to seek authority from the Court of Protection.
This can sometimes feel stressful, take longer, and can cost more than the standard process. There are also different legal aid rules that apply when an application has to be sent to Court.
However where all relevant parties (including the young person’s parents, carers, and funding body) are in agreement that it is in the person’s best interests to receive the current care package and there are no concerns about the restrictions that are in place, then a “streamlined” procedure can usually be followed with the Court of Protection, which means it should be possible for the deprivation of liberty to be approved by the Court on the basis of a paper application, without there being any need for a court hearing.
The body responsible for making the application for an authorisation of a deprivation of liberty is the body that is ultimately responsible for the provision of suitable care to the protected person.
This will be either the Local Authority or the NHS. Therefore, a Deputy or family member, should draw the attention of the responsible body to the fact that an authorisation for the deprivation of a person’s liberty is needed, and ask them to start the process in the Court of Protection.
The good news is that once the Liberty Protection Safeguards come into effect, 16 and 17 year olds will fall within the new standard system, as will people living in their own homes, which should mean fewer care packages need to be authorised by the Court.
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This blog was written in conjunction with Rook Irwin Sweeney LLP. If you want to discuss any of the above issues, please get in touch with our specialist team.
Please note
The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, expressed or implied.

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