Frequently asked questions
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The deprivation of liberty safeguards allows restraint and restrictions in a person’s best interest, that results in a deprivation of liberty which are widely used in hospitals and care homes. In order for the safeguard to be put in place, the care homes and hospitals must get permission from a local authority.
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The DoLS was created after an autistic man was admitted to hospital and was unlawfully held there due to the absence of legal procedure. DoLS was created to protect the interest of patients who are no longer able to care for themselves. They aim to provide each patient with much independence as is possible, give them the rights to challenge their care and avoid bureaucracy.
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Only people in Care Homes and Hospitals can be registered under DoLS. The conditions that should be met include:
- Being older than 18
- If someone can not make decisions about the proposed restrictions for their own best interests
- The patient has a mental disorder
- The deprivation of liberty restrictions trying to be put in place is actually in the patient’s best interest and they are rejecting it
- Query whether the patient should be referred to the Mental Capacity Act?
- The restrictions would not be in their best interest
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Records need to be kept to understand why DoLs was applied, as it is an important part of the law and is good practice too. Authorities are also able to show that someone was deprived of their liberty lawfully and should a patient’s situation or attitude later change. Records should be used as way of a way to safely issue deprivation of liberty while ensuring that they are legally compliant.
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There are 6 steps that qualify someone to be deprived of their liberty:
- Being older than 18
- If someone can not make decisions about the proposed restrictions for their own best interests
- The patient has a mental disorder
- The deprivation of liberty restrictions trying to be put in place is actually in the patient’s best interest and they are rejecting it
- Query whether the patient should be referred to the Mental Capacity Act?
- The restrictions would not be in their best interest
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DoLS can be authorised if the above criteria have been met, and then lasts for 1 year after being issued, but can stop sooner if no longer required. A managing authority has to request a deprivation of liberty which is then sent to a supervisory body. In 21 days it is then decided if someone can be deprived. The supervisory body then send assessors to see if the deprivation of liberty can go ahead.
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Yes, DoLS is an amendment to the Mental Capacity Act 2005.
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Safeguarding is the actions taken to protect vulnerable people from harm. Safeguarding children refers to children under the age of 18. Part of safeguarding children is being able to identify harm to children as well as protecting them from harm.
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If you suspect a child is being abused or neglected but you have not had confirmation from them you can:
- Keep talking to them – this might encourage them to speak up about what is happening
- Talk to someone yourself – you can call the NSPCC on 0808 800 5000 to report any concerns
- Make notes – keep track of what you are seeing, noticing, certain behaviours or what a child is telling you.
- Ask others – talk to someone else you trust about what you have noticed in a child and ask what they think
- Teachers and health visitors – these professionals may have also noticed the signs and you can discuss how to move forward.
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These are just SOME of the signs that a child is being abused or neglected…
- They seem withdrawn
- Anxious
- Aggressive
- Lack of sleep or appetite
- They are abusing Drugs or alcohol
- Self-harm
- Wetting the bed or soiling themselves
- Missing school
- Nightmares
- Unwashed or old clothes
- Sudden changes in behaviour
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A safeguarding policy is a policy that states what an organisation does to keep vulnerable individuals safe. It should include what the organisation aims to do to protect children through a statement, respond to concerns about children and finally what procedures are in place to work alongside their mission statement.
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Just some of the characteristics of vulnerable young children can be seen below:
- Orphaned or abandoned children
- Children living in poverty
- Those living in places of armed conflict
- Those with a disability
- Malnourished children
- Abused children
- HIV positive children
- Those who are unable to achieve a reasonable standard of health without the assistance of social care
- Those with a mental or physical impairment
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It is a statutory duty for those who work in schools and it is a legal requirement. Safeguarding is important to protect and care for the safety of those who need it. It is also important to protect their development and what they are being exposed to. Safeguarding is essentially about protecting children from harm.
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It is often stated whether or not an employer will require you to get a DBS check. But generally speaking, if you are working around vulnerable people or children, then you are likely to require one. It is not something that everyone is expected to have, but if you are hoping to go into an industry working with these people then it might be a good idea to pass a DBS check. Want find out more about Safeguarding Children and the Children’s Act 2004? Read our Guide to the Children’s Act 2004
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You may think that duty of care is the same as safeguarding as they’re both to do with protecting people from harm. The difference is that safeguarding is a set of guidelines, policies, procedures and actions designed to keep people safe, whilst the duty of care is a paid carer’s legal responsibility – so, if you fail to ensure the safety of others or fail to promote their wellbeing, it could result in legal or disciplinary action being taken against you.
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Some adults that may be in need of safeguarding are:
- The elderly or frail – those who may be of ill health
- Those with learning disabilities
- Those with long term illnesses
- Those with physical disabilities
- Those with mental disabilities
- Carers that might be being abused
- Residents in care facilities
- Someone who is unable to protect themselves against harm
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A safeguarding policy is a policy that states what an organisation does to keep vulnerable individuals safe. It should outline the duties of those working in care, education, health or social care to protect individuals from harm. These duties should include all staff in a workplace and should extend into all other policies.
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The Care Act 2004 includes self neglect and abuse in regard to safeguarding adults. It is vital to assess whether or not a person can make a decision about their wellbeing. As long as no other people are at risk, there is no major risk of serious harm, everything is recorded and the relevant agencies have been informed, then safeguarding action isn’t necessary.
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It is only necessary to call 999 if you believe that someone is in immediate danger & there is a crime in progress. If you think that someone is being abused or neglected then call the local police or the local council, if you believe it is happening in a care home.
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Here are some of the different types of abuse and examples of them:
- Psychological – emotional abuse, humiliation, control, coercion, isolation and cyber-bullying
- Sexual – indecent exposure, rape, sexual photography, inappropriate touching or subjection to witnessing sexual acts
- Modern slavery – human trafficking, slavery or forced labour.
- Discriminatory- derogatory comments, harassment, being denied medical treatment or not providing access to it
- Financial – fraud, theft, scamming or coercion to get someone to wrongly invest their money
- Neglect – ignoring the needs of a person (emotional, physical or medical), failure to provide access to medical or support services or withholding necessitates e.g. medication.
- Physical – hitting, slapping, pushing, punching, forcing medication to someone, restraint or assault.
- Domestic – includes some of the other abuse types above: physical, asexual, emotional, financial or psychological.
- Self neglect – this covers when someone is neglecting to care for themselves e.g. personal hygiene or surroundings.
- Organisational – neglect within an organisation, poor care practise or an institution or care or hospital setting.
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The DoLS is an amendment of the Mental Capacity Act. DoLS is in place to protect people who are not able to make decisions themselves when in Care or Hospital, and make sure they are not deprived of liberty. Care Homes and Hospitals must apply for DoLS authorisation for a person from a local authority in England.
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Abuse is –
- Mistreatment and attempt to harm other people
- It can be physical, psychological, verbal sexual or financial.
- Failure to care or prevent someone being harmed
- Educational, medical, physical, or psychological.
Documents & other resources
White Papers/Guides
Safeguarding Adults – what you need to know
We’ve put together some top tips to help you make a good start with our friends over at Citation.
In partnership with
Posters
Common Warning Signs of Abuse or Neglect in Children
A useful poster for those working with young and vulnerable children to help spot the common warning signs of abuse or neglect in children.
Instant download
White Papers/Guides
Signs of Mental Ill-Health in Children
For those working with children, it is key to know what the signs of mental ill-health are. Mental health problems affect about 1 in 10 children and young people.
Instant download
Templates
Standard 11 of the Care Certificate: Safeguarding Children
This double-sided worksheet has been designed to accompany our online Safeguarding Children training course.
Instant download
White Papers/Guides
Keeping Children Safe on Social Media
Do you know how to safeguard children from the dangers of Social Media? Our guide looks at platforms such as Facebook, Instagram, Twitter & Snapchat!
Instant download









