Requesting a Standard Authorisation
1. The Requirement for the Managing Authority to Request a Standard Authorisation
The managing authority must make a request for a standard authorisation when;
- The relevant person is residing (or will be residing) in the care home or hospital; and
- The relevant person is already or is likely to be, at some time within the next 28 days a detained resident in the care home or hospital; and
- The relevant person is already or is likely to meet (during the period that they will be detained) to meet all of the 6 qualifying requirements.
The managing authority must also make a request for a standard authorisation when there is an existing authorisation that is due to expire and;
- The relevant person continues to be detained for care and treatment; and
- The relevant person continues to be likely to meet the qualifying requirements under the Deprivation of Liberty Safeguards.
Any relevant person from the age of 18 who meets the above criteria is unlawfully detained until such time as;
- A standard authorisation is granted; or
- An urgent authorisation is granted.
The managing authority is required by law to keep a written record of all authorisation requests it makes and the reasons for it.
2. Powers of the Court to Request a Standard Authorisation
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;
- Direct the supervisory body to authorise a deprivation; or
- 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.
3. Receiving a Request for a Standard Authorisation from the Managing Authority or the Court
Upon receiving a request for a standard authorisation from the managing authority or the Court the supervisory body must;
- Make a written record of the request;
- Establish whether the 6 qualifying requirements to provide a standard authorisation are met.
Click here to access information and guidance about assessing the 6 qualifying requirements.