Can a DOLs be applied for someone who is in long term respite in a residential care home? | QCS

Hi Sheila, can a DOLs be applied for if someone is in long term respite in a residential care home ? On paper their home address is with family therefore different from the care home, however they have been receiving respite care full time for over a year. The Local Authority are continuing to fund on respite basis rather than permanent address.

Sheila Scott
Answered by Sheila Scott


Dear A,


Thank you for your question.


DOLs applies as much to respite care as it does permanent care, if I were in your position and the service user in your opinion fits the criteria for an application for an authorisation for DoLS then I would apply without delay.


It will then be up to the Local Authority what they do about the application.


It is worth being aware of the Mental Capacity (Amendment) Bill where DOLs will be replaced with a scheme called ‘liberty protection safeguards’. It is planned that the Bill will be in force from late 2019 / early 2020. Please read how this affects your service via:


I hope this is helpful.


With best wishes




About Sheila Scott

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. 3. Read more

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