Towards the end of 2012, the Social Care Institute for Excellence published report No 62. It is called Managing the transfer of responsibilities under Deprivation of Liberty Safeguards: a resource for local authorities and healthcare commissioners.
Their website contains a handy summary of the key points in the report:
- When PCTs are abolished from 1 April 2013, the supervisory body responsibilities held by a PCT will be transferred to the local authority where the person has ordinary residence
- The supervisory body responsibilities of the National Assembly for Wales remain unchanged. The National Assembly is the supervisory body in all cases where care and/or treatment in hospital is commissioned by the National Assembly or a Local Health Board (LHB) unless the person has ordinary residence in England
- Each hospital managing authority will need to continue to actively understand the wider requirements of the Mental Capacity Act 2005
- Each hospital managing authority will need to become more familiar with practice concerning ordinary residence
- In preparation for the transfer, the “sending” PCT supervisory body will need to identify the “receiving” local authority for each patient subject to a standard authorisation. This will not necessarily be the local authority the hospital is situated in
- Each local authority will need to be prepared to receive applications from hospitals in Wales or any part of England
- Clinical commissioning groups (CCGs) will be responsible for commissioning services in hospitals that comply with the Mental Capacity Act and the Deprivation of Liberty Safeguards (DOLS)
- CCGs retain responsibility for dealing with matters relating to authorisations granted by PCTs prior to 1 April 2013
The report contains practical suggestions and details implications of the transfer of responsibility.
Page 10 suggests:
PCT supervisory bodies should identify cases that are:
- Open and where a review has been requested
- Closed but thought to be possibly subject to retrospective legal challenge. It is suggested that PCTs resolve any conflict before 1 April 2013
- The PCT must report to the CCG, via its Mental Capacity Act lead, on risk of legal action from past and current authorisations it has been responsible for assessing
- The PCT and receiving local authority supervisory body should discuss such cases too
Pages 13–16 set out key milestones for the transfer of responsibility.
Appendix 4 (pages 31–35) sets out information to assist in determining “ordinary residence”. Ordinary residence provisions have been used to date to identify the local authority holding supervisory body responsibility in relation to applications from care homes. It is now extended to identifying the supervisory body responsible for managing DOLS in hospital settings.