New DOLS application needed after legal ownership of hospital changed?

Law and practice Mental Capacity Act
1

Morning,

So a patient is deprived of their liberty in a community hospital (urgent application made but no assessment completed)

There is change in legal ownership of the hospital from NHS body to private provider overnight.

is DoLS application required as the Managing Authority has changed?

I’m sure yes some are saying no but I cant find a reference, could anybody help?

Many thanks

Sean

2

Hi Sean
I could be wrong, but what about this section Mental Capacity Act 2005 (Schedule A1, 175), to me there is a clear distinction made between an ‘NHS’ or ‘Independent’ Hospital, so i think you are correct and the new Independent Hospital is the new ‘Managing Authority’ and a new DoLS application should be made, but i would first contact the relevant Supervisory Body for clarity.
If any solicitors read this would be good to know if Sean and I are correct?

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3

Probably also read the above alongside Schedule A1, 3, No liability for acts done for purpose of depriving P of liberty the point being the NHS are no longer the body requiring protection from liability but rather the new Independent Hospital who are depriving P of their liberty… That would be my lay person interpretation.

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