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The deprivation of liberty safeguards (DoLS) and adult safeguarding

David Hewitt (Judge of the First‐tier Tribunal and Visiting Fellow at the Universities of Northumbria, Lincoln and Bournemouth and is based in Lancashire, UK)

The Journal of Adult Protection

ISSN: 1466-8203

Article publication date: 15 June 2012

2146

Abstract

Purpose

This paper seeks to consider the Deprivation of Liberty Safeguards (DoLS) and, in particular, the extent to which the functions of supervisory bodies can, or should be, performed as part of wider “safeguarding” responsibilities.

Design/methodology/approach

The paper reports the views of practitioners, given in response to comments made by the Care Quality Commission.

Findings

Some practitioners believe that DoLS and safeguarding functions should be consolidated, and some, that they should remain discrete; most, however, accept that the two functions should work closely together, and also that an understanding of the Mental Capacity Act is important for each; there is a suspicion that DoLS‐activity is greatest where the two functions are kept discrete (and, it is assumed, DoLS practitioners therefore have more to prove); there is also concern about financing, particularly within discrete DoLS services, and, furthermore, some suspicion about the whole business of “safeguarding”; the Neary case continues to cast a long shadow.

Originality/value

This is believed to be the first time practitioners' views have been sought or at least published on this question.

Keywords

Citation

Hewitt, D. (2012), "The deprivation of liberty safeguards (DoLS) and adult safeguarding", The Journal of Adult Protection, Vol. 14 No. 3, pp. 131-141. https://doi.org/10.1108/14668201211236331

Publisher

:

Emerald Group Publishing Limited

Copyright © 2012, Emerald Group Publishing Limited

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