Safeguarding, Mental Capacity and Deprivation of Liberty

Essex Safeguarding Adults Board

The Board has a strategic role to co-ordinate safeguarding activity across partnerships in Essex and to provide challenge when it is needed. The Board brings agencies together to work effectively and share information, setting policies and procedures, and organising multi-agency training. The Board does not get involved in specific safeguarding cases, - this is for the individual organisations to carry out. However, they are the organisational body that would undertake a review into a case where a person may have died or been seriously harmed and where abuse or neglect are thought to be a contributory factor and where there may be multiple agency implications. 

The website contains a number of useful resources such as the SETSAF form, policies and training information. You can also access the information made available via the care provider forum. 

Mental Capacity

The below materials will support with the assessment of an individual's capacity, recording of the assessment and best interest decisions. 

• A brief guide to carrying out mental capacity assessments, which can be found on the Essex Chambers website
• Mental capacity assessment form, which can be found on the Essex Safeguarding Adults Board website
• Mental Capacity Act Directory, which can be accessed via The Law Society of Social Care Institute of Excellence websites

Deprivation of Liberty 

The Deprivation of Liberty Safeguards (DoLS) procedure is designed to protect the rights of individuals if they need to be detained in a hospital or care home in England or Wales. In these settings it is the responsibility of the care home or hospital to request a deprivation. In any other type of location, the deprivation of liberty requires an application to the Court of Protection to be lawful. The following information will support you to decide when and if an application needs to be made.

A Deprivation of Liberty occurs when a person is under continuous supervision and control, is not free to leave and the person lacks capacity to consent to these arrangements.  It is known as the "acid test".

A practical guide for Deprivation of Liberty has been produced by The Law Society and can be accessed via their website. In addition, SCIE (Social Care Institute of Excellence has produced a number of supportive resources such as webinars, videos, e-learning and information on how to put the legislation into practice.