6 Deprivation of liberty: Human rights (DoLS) Introduction Proportionality Article 5 European Convention on Human Rights The Deprivation of Liberty Safeguards (DoLS) Identifying deprivation of liberty The Liberty Protection Safeguards (LPS) Key Learning Points Reflective Exercise Quiz Reflective Exercise Topic: DOL’s Jasmine is receiving inpatient care and treatment for a hip injury sustained when she was knocked over by a car in her local supermarket car park. Jasmine lives alone and none of her family live locally or are willing to support discharge planning, however, they inform the discharge team that Jasmine is unsafe at home, wanders and has become increasingly confused. Jasmine is now mobilizing independently and has wandered off the ward several times. Today she was found by a staff member in the car park on the far side of the hospital. She explained that she was looking for her car as she needed to get home before the children return from school, Jasmine became distressed and angry when the staff member tried to return her to the ward. Jasmine is medically fit to be discharged but staff believe she is unsafe to return home alone. Jasmine has repeated stated that she must go home and refuses to discuss any alternative arrangements. A placement at a residential care home has been identified. What do you need to know more about with regards to this situation? What specific elements of the MCA might apply? How might your preconceptions/assumptions about this person influence you? How would you ensure your approach is ethical and unbiased? How do you ensure you are communicating in a way to involve the individual in the decisions made about them? Email me a copy of my answers Next:Quiz 0 Introduction 1 Reflecting on values and bias within mental capacity decision-making 2 The history and current context of mental capacity legislation and policy 3 The concept of mental capacity 4 Best interests 5 Supported decision making 6 Deprivation of liberty: human rights 7 MCA in clinical decisions for care and treatment 8 MCA and the Office of the Public Guardian (OPG) role 9 Conclusion