Hi all. I have a resident, subject to CD and standard DoLS authorisation. Ongoing transition to supported living and today finally the COP authority has come through. Are both DoLS authorities valid or does the COP trump the standard? There is now in my thoughts, a conflict as both stipulate different residences . Does the move need to happen immediately. Who is RA between the two different providers? Thoughts would be greatly appreciated!
The first crucial question is whether the MoJ are aware and have approved the move, if the person is subject to a conditional discharge.
Then the deprivation of liberty issue.
The DoLS authorisation will apply to the person’s current accommodation, which will surely be a registered care home (otherwise DoLS wouldn’t apply).
That authorisation will run until its expiry date, unless the resident’s circumstances change, such as moving to another accommodation.
In that case the care home should be informing the Supervisory Body (the relevant local authority) to inform them that the person is no longer deprived of their liberty at their care home, and the SB will end the authorisation.
From the post, it appears that the person is moving into non-registered accommodation (supported living) where DoLS does not apply, hence I presume the Court of Protection involvement.
You say the COP has now authorised the person to be accommodated at the new location, in circumstance which amount to a deprivation of their liberty, so (providing the MoJ stuff is sorted), the person can move.
So one does not trump the other - they apply to different locations.
Neither the existence of a DoLS authorisation, nor a judicial DoL authorisation REQUIRES the person to be deprived of their liberty in the relevant location, but they do AUTHORISE it, and ensure the restrictions inherent in the care and support being provided are lawful.
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Good evening Steve C,
Thank you so much for your opinion on the matter! Your time is appreciated. Yes absolutely theMOJ are aware and relevant authorisations applicable to the setting. Is a situation I haven’t experienced and find researching null and void between such.
Thanks again!