Ask Sheila

Sheila will try to answer as many of your questions as possible, giving priority to frequently asked questions and questions regarding current events and trends.

Do we inform CQC and Local Authority of DOLS refusal?

When we apply for a DOLS using the urgent self authorization (less than 7 days) and the Local Authority respond saying standard not granted - which is correct as we have the person only for respite - MUST we inform CQC of the LA response? thank you

Dear Christine,

Thank you for your question,

CQC has a briefing page on their website about the regulatory requirement on you as a Registered Service to notify them of the outcome of all applications for Deprivation of Liberty Safeguards (DoLS) authorisation.

The briefing is clear:

When you need to tell us about an application to deprive a person of their liberty

If you make an application to deprive a person of their liberty:

  • you only need to send us your notification when you know the outcome of the application or if you withdraw it.
  • you must notify us about the application and its outcome or withdrawal at the same time, using the same form.
  • once you know the outcome, you must notify us without delay

You can find the full briefing here:

http://www.cqc.org.uk/guidance-providers/notifications/application-deprive-person-their-liberty-dols-notification-form

Best wishes.

Sheila


What would you like to ask Sheila?

Sheila Scott OBE from National Care Association (NCA). Care is Sheila’s life; she possesses a strong command of the issues facing the care sector informed by her long career as a nursing professional, the owner and manager of a care business and as a leader in the care sector.

Sheila will try to answer as many of your questions as possible, giving priority to frequently asked questions and questions regarding current events and trends.

Please note that Sheila can not offer answers to matters requiring legal advice. If your matter concerns a specific service provider, please contact the CQC.






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