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⚖️ Understanding Restrictions and Deprivation of Liberty (DoLS)

Restrictions are limitations placed on an individual's freedom—often for their safety or well-being. However, when these restrictions become excessive, they may result in a deprivation of liberty, which must be formally authorised by law through the DoLS (Deprivation of Liberty Safeguards) process.

🔍 What Counts as a Restriction?

Restrictions vary by situation and depend on frequency, duration, and intensity. Examples may include:

  • Restraint used to admit someone to hospital
  • Administering medication against a person’s will
  • Staff having full control over a person's movement or care over a long period

The difference between a restriction and a deprivation of liberty lies in the degree and severity—not necessarily the action itself.

⚠️ Indicators of Deprivation of Liberty

Legal judgments from UK courts and the European Court of Human Rights highlight these factors as signs of possible deprivation of liberty:

  • Physical restraint or sedation used against a person’s will
  • Complete and ongoing control of a person’s care or movements
  • Controlling all decisions about care, treatment, or accommodation
  • Preventing a person from leaving even if they wish to
  • Refusal to allow discharge requested by family/carers
  • Restricting social contact or personal choices
  • Continuous supervision and control

Each case must be assessed individually. What amounts to a deprivation of liberty for one person may not for another.

✅ Legal and Ethical Responsibilities

As a care professional, you must:

  • Use the least restrictive option at all times
  • Ensure restrictions are justified, recorded, and regularly reviewed
  • Report any concerns about unauthorised deprivation of liberty to your manager or safeguarding lead

Understanding the balance between restriction and deprivation is essential for upholding rights, promoting independence, and providing lawful, ethical care.