Legislation Change – Deprivation of Liberty Safeguard
We have received an update from the BMA in relation to the Deprivation of Liberty Safeguards (DoLS) legislation. As of Monday 3rd April 2017, there has been an amendment to the DoLS legislation. The new legislation states it will no longer be necessary to refer all patients who die whilst subject to an authorisation under the DoLS to the coroner.
Prior to this change, patients that died whilst subject to DoLS, were regarded as dying whilst in state detention, triggering an automatic inquest by the coroner. From Monday 3rd April the Coroners and Justice Act 2009 will be amended so that Coroners will no longer be under duty to investigate a death solely because the individual was subject to DoLS at the time. These deaths will only require reporting to the Coroner if the cause of death is unknown, or where the cause of death was violent or unnatural.
All deaths while subject to a DoLS authorisation that occur prior to 3rd of April will still need to be reported to the Coroner.