Granting a Standard Authorisation

1. The Responsibility and Duty to Grant a Standard Authorisation

The responsibility to grant a standard authorisation

Standard authorisations can only be granted by the supervisory body.

The duty to grant a standard authorisation

The Supervisory body has a duty to grant a standard authorisation when;

  1. All of the qualifying requirements have been assessed and met; and
  2. Written copies of all assessments have been provided.

2. What the Standard Authorisation must include

A standard authorisation must always be in writing and must state;

  1. The name of the relevant person;
  2. The name of the relevant care home or hospital (where the person is being detained);
  3. The purpose for which the authorisation is given;
  4. The reason why each qualifying requirement is met (which must be specific in regard the eligibility requirement);
  5. How long the authorisation has been agreed (which must not exceed the period recommended by the Best Interests assessor); and
  6. Any conditions upon which the authorisation is given (which must give regard to the recommendations of the Best Interests assessor).

3. Maximum Authorisation Periods

The maximum authorisation period of a standard authorisation is 1 year. However, if a Best Interest assessor has recommended a shorter period the supervisory body cannot exceed this.

Standard authorisations can be agreed in advance of the date they need to begin if;

  1. The DoLS assessments have been completed as part of a care and support planning process; and
  2. The person’s needs are not likely to change by the time the deprivation begins.

4. Providing a copy of the Standard Authorisation

As soon as possible after granting it the supervisory body must give a copy of the standard authorisation to;

  1. The relevant person;
  2. The Relevant Person’s Representative (RPR);
  3. The managing authority of the care home or hospital;
  4. Any section 39D IMCA; and
  5. Every interested party consulted by the Best Interests Assessor.

5. Information about the Authorisation

The managing authority of the care home or hospital named in the authorisation must take all practicable steps to ensure that the relevant person understands;

  1. The effect of the authorisation;
  2. Their right to make an application to the Court to review the authorisation;
  3. The right to request the supervisory body review the authorisation;
  4. The right to have a  section 39D IMCA appointed; and
  5. How to have a section 39D IMCA appointed.
The managing authority must provide any written information it gives the person to the Relevant Person’s Representative, although it does not have a statutory duty to take steps to ensure they understand it (this is the duty of the Local Authority).

6. Written Records

The Supervisory body is required to keep written records of;

  1. All standard authorisations given;
  2. The details of the authorisation (including the name of the person, care home/hospital, the period of authorisation, the purpose of authorisation and any conditions of authorisation); and
  3. All standard authorisations they have declined.

7. If the Request for Authorisation is Declined

If the supervisory body declines, or is unable to grant a request for a standard authorisation they must give notification in writing to;

  1. The relevant person;
  2. The managing authority of the care home or hospital;
  3. Any section 39D IMCA; and
  4. Every interested party consulted by the Best Interests Assessor.
The managing authority is under no obligation to request another authorisation unless the person’s circumstances change.

8. If the Relevant Person Moves

If a standard authorisation is already in place and there is a plan to move the relevant person from one care home or hospital to another the managing authority of the care home or hospital where the relevant person will be moving to has a duty to request a standard authorisation.

9. If the Court Authorises a Person to be Detained

The Court of Protection has the power to authorise or direct that a person be detained for care or treatment in a care home or hospital but it does not have the power to authorise a Deprivation of Liberty under the DoLS framework. Instead it must either;

  1. Direct the supervisory body to authorise a deprivation; or
  2. Direct the managing authority to request a standard authorisation.

If, for whatever reason the Court does not make such a direction the managing authority has a duty to request an authorisation based on the standard criteria for doing so.

10. Complying with Conditions

The managing authority must comply with any and all conditions in the authorisation.

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