Advice on Deprivation of Liberty Safeguards

At Fraser Dawbarns, our civil litigators have considerable experience in providing advice on deprivation of liberty safeguards (DoLS), and can assist you or your relative in exercising the rights and choices that everyone should have.

Deprivation of liberty can occur in many settings but the most recognisable are in a hospital setting, in a care home, or at home. There are many people who are deprived of their liberty as a result of the care or treatment they receive, and who cannot consent to these restrictions because they lack the mental capacity to do so. There are also people who are deprived of their liberty because health and social services believe it to be in their best interests to receive care in a particular environment, such as in a care home rather than in their own home.

Deprivation of Liberty Safeguards to protect an Individual's Wellbeing

The underlying principle of the Care Act 2014 is to promote an individual’s well-being by remaining as independent as possible for as long as possible, being allowed to remain living with a partner or spouse for as long as possible, and having a choice regarding where they live. However, things can happen unexpectedly and the decision making process, determining where an individual should receive the care they need, can move rapidly. Regrettably, the relevant government bodies do not always apply the correct checks and measures to ensure that decisions are made in the best interests of individuals. In some cases this has been due to a decision being preferable to the decision maker or cheaper from a commissioning point of view.

Deprivation Of Liberty Safeguards as A Result of Care

Where there is a deprivation of liberty as a result of the implementation of a care and/or treatment package, such as a placement in a care home, the relevant authority is under an obligation to ensure that there is lawful authority for that deprivation. The starting point must be whether the arrangements made for that person are in their best interests having regard to less restrictive alternatives.

When relatives challenge the decisions made by Social Services, GPs or hospitals, they can sometimes be accused of being unrealistic about what can be achieved in terms of care, or of not accepting what is in the best interests of their relative for financial reasons. They can feel as though they are not being listened to and in some situations feel as if they are under personal attack.

We manage negotiations with health authorities and Social Services regarding care packages and care plans, and can help you or your relative have a voice in the decision making process. We can assist you or your relative in exercising the rights and choices that everyone should have. We have achieved positive outcomes for vulnerable clients and as a result of our involvement have helped people to return to their own homes or to remain living with their spouse with the support they need.

If you would like further advice and support with Deprivation of Liberty Safeguards, please do not hesitate to contact us today.

Why Choose Fraser Dawbarns To Help You?

Free, No Obligation Consultation

You may be unsure about whether your Deprivation of Liberty safeguards issue is valid or you may be wary about being pressured into making a claim if you see a solicitor. The team at Fraser Dawbarns will be happy to listen to your situation and advise you on whether we think you have a claim and whether we think you have a reasonable prospect of success. We will give you our opinion and an idea of any potential costs but will not put you under any pressure to proceed if you are not yet ready to do so.

Pricing Options

To accommodate the different requirements of our clients, we offer a choice of service levels so that you can choose the level of contact that best suits your needs. By offering the choice between undertaking work on either a fixed fee basis or at an hourly rate, we give you the freedom to pick the pricing option that best suits you.

Fixed Fee Service

It is important to us that our clients know exactly what they will pay and the scope of the services they will receive at the beginning of the transaction. That is why Fraser Dawbarns offer a fixed fee service with no hidden costs or unexpected charges for clients who are dealing with legal disputes.

An Experienced Team

Fraser Dawbarns are ideally situated to help you with any legal claims you may have. Our team of civil litigation experts have years of experience handling a wide range of claims and disputes and the team is ranked in the Legal 500 guide to the top law firms for our Debt Recovery, Employment, Personal Injury and Contentious Probate work. With offices in Wisbech, King’s Lynn, Downham Market, March and Ely we are close at hand when you need to see someone to discuss your case.

If you would like help with any legal dispute, please contact us to see how we can help you.