DEPRIVATION OF LIBERTY SAFEGUARDS:PAID PERSON REPRESENTATIVE

In this present instance, Leicestershire County Council, on behalf of Leicestershire County Council and Rutland County Council (hereafter referred to as "the Councils"), is undertaking a procurement seeking suitable providers to deliver independent assessment and monitoring services for Deprivation of Liberty referrals. These services will be provided on behalf of the Deprivation of Liberty Safeguards (DoLS) team which has a statutory requirement, under the Mental Capacity Act 2005, to determine whether vulnerable adults have the mental capacity to make decisions regarding health care and/or accommodation issues.

Deprivation of Liberty Safeguards apply to anyone aged 18 and over: Who suffers from a mental disorder or disability of the mind - such as dementia or a profound learning disability who lacks the capacity to give informed consent to the arrangements made for their care and / or treatment and for whom Deprivation of Liberty is considered, after an independent assessment, to be necessary in their best interests to protect them from harm. The safeguards cover patients in hospitals, and people in care homes registered under the Care Standards Act 2000, whether placed under public or private arrangements.

The safeguards are designed to protect the interests of an extremely vulnerable group of service users and to: Ensure people can be given the care they need in the least restrictive regimes Prevent arbitrary decisions that deprive vulnerable people of their liberty Provide safeguards for vulnerable people Provide them with rights of challenge against unlawful detention Avoid unnecessary bureaucracy The Council require the appointment of suitable service providers to a framework for the statutory Paid Persons Representative role under the Deprivation of Liberty Safeguards (Mental Capacity Act 2005). Legislation sets out that once Deprivation of Liberty has been granted an individual's care needs are monitored by an allocated Paid Persons Representative (or Relevant Persons Representative) who is independent of the care planning process. A Paid Persons Representative is responsible for deciding if the care plan remains in the person's best interests and monitoring whether Deprivation of Liberty still applies.