Provision of Deprivation of Liberty Safeguards (DoLS) Assessment Services

Nottinghamshire County Council sought a suitably experienced single provider to deliver Deprivation of Liberty Safeguards (DoLS) Assessment Services using a Framework Agreement.

The Framework Agreement will replace an existing Framework Agreement which has expired and will be available for use by the following Customers:

• Nottinghamshire County Council
• Nottingham City Council

The Deprivation of Liberty Safeguards (DoLS) provide a legal framework for the deprivation of liberty for people who lack mental capacity to make decisions about their care arrangements themselves. They apply to people who are in hospital or residential/nursing care and who are subject to restrictions and restraints in their lives, for example, not being free to leave or requiring continual supervision. Local Authorities are required to arrange an Assessment of their circumstances to determine whether the care provided is in their best interests to protect them from harm, whether it is proportionate and to determine if there is a less restrictive alternative.

The Provider may be asked to complete all six elements of the Best Interests Assessment or specific elements depending on the requirements. The six elements in scope are:

• Age Assessment
• No refusals Assessment
• Mental capacity Assessment
• Mental health Assessment
• Eligibility Assessment
• Best Interests Assessment

Liberty Protection Safeguards (LPS) - The Government has set out plans to replace Deprivation of Liberty Safeguards with Liberty Protection Safeguards, although the finalised Code of Practice and timetable for implementation are still awaited. The framework specification has therefore been developed to maintain arrangements for the provision of assessment in respect DoLS until such time as Liberty Protection Safeguards are implemented. The purpose of Liberty Protection Safeguards are consistent with those of DoLS and there will be a preference to utilise this Framework Agreement to continue to meet the Customers’ statutory requirements for safeguarding people whose liberty is being restricted. Once the future requirements of LPS are clear, this Framework Agreement will be reviewed and consideration given to whether delivery of the new requirements within this Framework Agreement is permissible and, if so, what amendments to the specification would need to be made.