Would a day attendee, not resident in our services, need a DOLS whilst attending an Activity Choices (Day Service) venue (not registered)?

Answered by Sheila Scott

Dear David,

An interesting question.

I am going to assume that the person attends your Activity Choices (Day Service) venue.

There is a review of the Deprivation of Liberty Safeguards legislation by the Law Society going on following the 2014 Cheshire West Judgement by the Supreme Court about the Deprivation of Liberty Safeguards.

Part of the advice we received after the West Cheshire judgement in 2014 said:

It (the judgement) will apply to people in hospitals and care homes. It will also cover people in supported living, shared lives schemes and other domiciliary settings, where the state has been involved the arrangements for their care (and possibly private arrangements where the care is state regulated).

I attach a copy of the full advice for your information. I think there are a number of things that you can do to clarify your question:

• You could contact the DoLS officer at your local Council
• You will see in the advice sheet that in your circumstances you would have to apply for a DoLS to the Court of Protection so you could contact them. Their details are:

Court of Protection

PO Box 70185

First Avenue House

42-49 High Holborn

London WC1A 9JA

Email: [email protected]

Enquiries: 0300 456 4600

I do not think the regulations apply to your service but I will be interested to hear what further advice you receive.

Best wishes.

Sheila