Hello, with domiciliary care, my staff all undergo a mandatory mental capacity 2005 booklet that is accredited, do they have to do a separate dols course? Within the community mental capacity and dols assessment falls under the north somerset professional team, and we are not involved in the dols aspect of this

Answered by Sheila Scott

Dear Emma,

Thank you for your question.

The Deprivation of Liberty Safeguards (DoLS) are a very important piece of legislation and after a Supreme Court Judgement (the West Cheshire Judgement) last year the situation regarding domiciliary care and DoLS was clarified.

It is important that your staff understand the situation relating to DoLS so that they can raise any concerns that they have with their Manager. It will be the Registered Manager who will make the application for a DoLS authorisation so it is the Manager who should first have the training.

Click HERE to find a briefing that was issued through the Care Provider Alliance (CPA) last year which I hope you will find helpful.

You may have many more questions and I would be happy for you to write to me again.

The Government is reviewing the DoLS guidance as a whole I understand in response to the West Cheshire judgement.

Best wishes.

Sheila