Deprivation of Liberty dementia patient in hospital

[Oldsu]

My friends DH is 60 and has early dementia, he is currently in hospital due to dehydration and bed sores and has been doing well, apparently due to his dementia and the fact that he is in a situation where he is scared - IE in hospital and not with his wife he 'apparently' attacked two nurses and drew blood.

They have taken him from the care of his wife and put a DOL on him.

He is NOT violent with her, its the situation he is in that may have caused him to lash out.

My friend is terrified that he will be taken away from her, she can cope with him at home whilst I appreciate that nurses need to be protected, he is a scared vulnerable ill man and surely he cant be penalised for that.

She has a meeting next week, but feel that she needs legal advise to ensure that the fact that its the environment that's has caused the issue not the fact he is dangerous and needs residential care.

What would be the next step for her to ensure her rights as well as his are ensured.

Hopefully somebody with more experience and legal knowledge might be along shortly to give better advice... but I would start with some sort of new home care plan. I expect anyone who might be keen to get him into residential care would zero in on the fact that he was hospitalised due to dehydration and bed sores...if your friend can show that there is a plan in place for extra help at home to prevent this situation arising again including optimal management of any contributing health conditions eg diabetes, that would help her case. I would also have a contingency plan ready to discuss in case they ask what would happen in the event that she got ill or injured and was temporarily out of action as his main carer. I am not am expert of any sort but that is where I woild start.

Thanks noddingoff the bed sores and dehydration were actually made worse due to the fact that he refused to get into the car to go to the GP, they refused to make a home visit because they said he couldn't have one, until she kicked up a stinking fuss at the GP and they had to send someone out, so serious questions are being asked about that and the DOL that the hospital has slapped on my friends DH by friends solicitor, a lot of back pedalling going on at the hospital now there is a solicitor involved.

I think the DoL is just to stop him from being able to walk out of the hospital while he's being treated - at least that's what we were told when my Dad was put on DoLS. The staff should have explained it all to your friend at the time.

See www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=1327

I found the Alzheimer's Society really helpful. They've got a great helpline: 0300 222 11 22

The DOL will be because he wants to leave and is currently being prevented from doing so while he receives treatment. It can be removed when he is well enough to go home and is usually just for a short time initially after which it should be reviewed. As at the hospital for someone to explain.

I know this thread is old but in case anybody else comes across looking for info I thought I would clarify something.

The term is DOLS not DOL. That S is important, it stands for safeguard.

Under UK law you can't hold somebody against their will, to deprive somebody of their liberty is against the law unless there is legal oversight to do so. When somebody lacks capacity to to consent to be somewhere then a DOLS should be sought.

It doesn't matter if the person is not attempting or able to leave. If the lack capacity and they are under continuous supervision (as most people are in hospital, violent or not) and not free to leave a DOLS should be applied for. Some hospitals are applying this incorrectly but in the case in the OP it sounds like the hospital did the right thing.