The Chief Coroner has issued Guidance on Deprivation of Liberty Safeguards (DoLS) who die at a time when they are deprived of their liberty under the Mental Capacity Act 2005 (MCA 2005).

Under the MCA 2005 a person who lacks capacity and is in a hospital or care home for the purpose of being given care or treatment may be detained in circumstances which amount to deprivation of liberty.

The Chief Coroner’s guidance confirms his current opinion that:

• The death of a resident subject to DoLS should be referred to the coroner.
• That this does not apply if an application for DoLS has not yet been authorised or the person has not yet been assessed, because the person is not yet considered to be in “state detention”.
• View the DoLS guidance note (PDF)

What care providers should do to comply with DoLS guidance

For practical purposes members should notify the Supervisory Body (Local Authority) if a resident dies while subject to DoLS.

The involvement of the coroner can cause delays for the family in making funeral arrangements – you may wish to share or adapt the explanatory letter to relatives (see link below) and send it to family members in these circumstances. Thanks to Barchester Healthcare for sharing this letter for use by our members.

Letter to relatives: explaining the implications of DoLs guidance