Helping Dave

When I first met Dave, he resided within a care home. I explained my Advocate role to him, and he expressed very strongly to me, that he did not want to be there and wanted to be at home with family in time for Christmas. He did not feel he needed to live in the care home any longer.

Throughout my conversations with Dave, I queried his eligibility to meet the acid test (which determines if someone can be subject to a Deprivation of Liberty Safeguards (DoLS) authorisation) and requested a review of his mental capacity. As this was not able to be completed in time for my next visit, I explained to Dave that he had a legal right to raise objections to his DoLS authorisation, and that, as his Relevant Person’s Representative (RPR), I could instruct a solicitor to raise his objections with the Court of Protection if he would like me to do so. Dave asked me to do this, which I then proceeded to do.

Working with the solicitor behind the scenes, we took the necessary steps to lodge our objections accordingly.

Fast forward one month… Dave has now been found ineligible for the DoLS authorisation, in that he has capacity to make decisions and has been able to leave the care home he resided in and is finally… home for Christmas with his family!