Understanding Deprivation of Liberty Safeguards

🛡️ Deprivation of Liberty Safeguards (DoLS)

Deprivation of Liberty Safeguards (commonly referred to as DoLS) are part of the Mental Capacity Act 2005. Their purpose is to protect people who lack the capacity to consent to their care arrangements—particularly when those arrangements involve significant restrictions.

📋 Who DoLS Apply To

DoLS apply to individuals who meet the following criteria:

• They are aged 18 or over.
• They lack capacity to consent to care or treatment arrangements.
• They are under continuous supervision and control.
• They are not free to leave the care setting.
• They are not detained under the Mental Health Act.

These safeguards apply in hospitals and care homes, and they ensure any deprivation of liberty is lawful, proportionate, and in the individual’s best interests.

⚠️ Understanding Deprivation vs Restriction

There is no single legal definition of deprivation of liberty. It must be assessed case-by-case by examining:

• The type of restriction
• Its duration and frequency
• The effect on the individual
• The manner in which it is applied

Minor restrictions such as limited monitoring may not constitute deprivation. However, locked doors, restraint, or denial of freedom to leave may legally qualify as deprivation of liberty.

⚖️ Legal Foundation

DoLS are grounded in Article 5 of the Human Rights Act 1998, which guarantees a person’s right to liberty and security. Any limitations on liberty must follow strict legal procedures and allow for a right to appeal.

🛠️ Types of Authorisation

Care providers must apply to the local authority for a Standard Authorisation if someone meets the criteria. In urgent cases, they can issue an Urgent Authorisation while the standard request is processed.

🧑‍⚖️ Key Safeguards

Introduced on 1st April 2009, the DoLS system includes three key protections:

1. Appointment of a Relevant Person’s Representative (RPR)
2. Right to challenge the authorisation in the Court of Protection
3. Regular reviews to ensure it remains appropriate

🏥 Informal vs Formal Admission

Even informal admissions—when a person is admitted by a family member or professional—must be assessed if they involve continuous supervision. These could still qualify as a legal deprivation of liberty.

🔄 Future Changes

DoLS will eventually be replaced by the Liberty Protection Safeguards (LPS), a more flexible system designed to cover more care settings, including supported living and home care.

Until the new system is implemented, care providers must continue to follow the current DoLS framework and ensure staff are trained under the Mental Capacity Act.