Deprivation of Liberty Safeguards
Deprivation of Liberty Safeguards (DoLS)
The Deprivation of Liberty Safeguards (DoLS) in conjunction with the Mental Capacity Act 2005 were introduced in 2009 to provide legal protection for people who are or may become deprived of their liberty.
The safeguards apply to people aged 18 or over in hospitals and care homes throughout England and Wales who have a mental disorder and lack capacity to consent to care or treatments in these settings. Deprivation of Liberty Safeguards does not apply to people who are detained under the Mental Health Act 1983.
Hospitals and care homes have a duty to identify anyone who could be at risk of a deprivation of liberty and thus refer to the relevant local authority.
According to SCIE, DoLS ensures people who cannot consent to their care arrangements in a care home or hospital are protected if those arrangements deprive them of their liberty. Arrangements are assessed to check they are necessary and in the person’s best interests. Representation and the right to challenge a deprivation are other safeguards that are part of DoLS. Other safeguards include rights to challenge authorisations in the Court of Protection, and access to Independent Mental Capacity Advocates (IMCAs)
Cheshire West and Chester Council v P [2014] UKSC 19 - Mental Health Law Online provides what is known as the acid test to determine deprivation of liberty.
How to apply for a deprivation of liberty authorisation:
Slough Borough Council has one single point of entry for receiving all requests for a deprivation of liberty authorisation. The safeguarding team will co-ordinate all requests.
Once the managing authority (care home or hospital) has determined if an urgent or standard authorisation is required, they must complete the relevant form and contact the DoLS administrator:
Useful guides: