Deprivation of Liberty Safeguards (DoLS)
DoLS ensures people who are 18 years or over, Deprivation of Liberty Safeguards (DoLS) who cannot consent to their care arrangements in a care home or hospital are protected if those arrangements deprive them of their liberty.
This happens if:
- the person lacks the mental ability to make decisions on their living and care arrangements
- they need to be under continuous supervision so that they are at reduced risk of harm
An example would be stopping a person leaving a care home because they may get hurt.
A managing authority which is a care home or hospital can apply for DoLS.
Are you concerned someone you know is being deprived of their liberty?
If you think someone you know is being cared for in a way that is depriving them of their liberty and the deprivation is not authorised, the first step is to approach the staff who are looking after them.
Ask if care could be given in a way that is less restrictive and, if not, ask if they have taken the necessary steps to request a DoLS assessment.
If an authorisation is in place for the person you know, but you think the level of restriction exceeds that which is authorised, you are also entitled to query this. In such a case, a review may be necessary.
In either of the circumstances, if you have made efforts to correct things with the care home or hospital but remain concerned about the care arrangements, you can call the contact centre to discuss your concerns further.
The matter will be investigated formally, and you will be informed of the action that follows.
Further information
- Deprivation of Liberty Safeguards (DoLS) at a glance
- Mental capacity act 2005: deprivation of liberty safeguards
- Court of Protection - make decisions on financial, or welfare matters for people who can’t make decisions at the time they need to be made they lack mental capacity
- MCA 2005 DoLs - a guide for family, friends and unpaid carers
- What are the MCA DoLs? - booklet translated into 10 languages
Managing authority considerations before applying for DoLs
| Number | Question | If answered "No" | If answered "Yes" |
|---|---|---|---|
| 1 | Do you believe they lack capacity to consent to their accommodation and care? | No application can be made | Application may be made |
| 2 | Is it possible that they will need to be deprived of liberty within 28 days? | Reconsider when reviewing care | Application may be required |
| 3 | Is the person 18 years of age or older (or going to turn 18 within 28 days)? | No application can be made | Application can be made |
| 4 | Is the person liable to be detained under the Mental Health Act 1983, or subject to conditions of mental health treatment that conflict with the application? | Application may be made | Application cannot be made |
| 5 | Will the person be incapacitated or accommodated for more than a few days? | Application should not be made | Application can be made |
| 6 | Will it be necessary to care for the person in a way that could deprive them of liberty, immediately? | Apply for standard authorisation now | Grant urgent authorisation |
If DoLs is authorised, as the managing authority you should:
- comply with any conditions attached to an authorisation
- monitor whether the relevant persons representative maintains regular contact – Inform the supervisory body (Local authority who completed the DoLS authorisation) if you have any concerns
- involve the Representative in any decision which needs to be made about the persons care
- inform the supervisory body of any change in circumstances where a review of the current authorisation may be required
- before the current authorisation expires, consider whether a further DoLS authorisation will be required; the request for this should be submitted 28 days before expiry date
- keep clear records for governance and inspection
- inform CQC about the authorisation
Your responsibilities as the managing authority are to:
- ensure all care planning includes whether the person has capacity to consent to their care and treatment, including any restrictions and restraints placed on them
- ensure the relevant people involved in the person care are aware of the decision and that records are updated
- ensure any recommendation regarding changes to care practice are carried out
- keep the situation under constant review if the level of restriction/restraint is increased consider again whether or not the circumstances could result in a deprivation of liberty