Deprivation of Liberty Safeguards (DoLS)

Deprivation of Liberty Safeguards (DoLS) exists to safeguard individuals when a deprivation of liberty is an unavoidable part of a best interests care plan. Individuals who are identified as potentially deprived of their liberty must be considered on a case-by-case basis and all appropriate steps taken to remove the risk of a deprivation of liberty where possible.

DoLS provide legal protection for those vulnerable people who are, or may become, deprived of their liberty within the meaning of Article 5 of the European Convention on Human Rights (ECHR) in a hospital or care home, whether placed under public or private arrangements. The safeguards exist to provide a legal framework and protection in circumstances where deprivation of liberty appears to be unavoidable in a person’s best interests.

Professionals must remember that DoLS authorisations and Court of Protection orders are rooted in the principles of Mental Capacity Act:

1. Everyone, regardless of their condition, should be assumed to have capacity unless there is reason to believe this may be impaired by a "disturbance of the mind or brain",
2. Practitioners should take all practicable steps to support someone to make the decision for themselves, however;
3. Where it is established that even with practicable steps someone does not have capacity to make the decision, any decision made on behalf of the person must be aim to be the less restrictive, but as effective for the protection of their wellbeing and;
4. Be in their best interest and careful consideration of all options of care/treatment and support that maybe available to them.

The Supreme Court clarified in March 2014 how deprivation of liberty can be described. They said there is now a more straightforward way to work this out. If the person is:

• not free to leave, and
• subject to continuous or complete supervision and control and;
• they lack capacity to consent to the arrangements

...They will most likely be deprived of liberty.

Many people in hospitals and care homes may have restrictions in place to keep them safe, but not all will be deprived of their liberty.

• Hospitals and care homes have to identify the restrictions that they need to have in place to keep someone safe
• If these restrictions amount to a deprivation of liberty the hospital or care home must request an authorisation from the supervisory body
• It is unlawful for a hospital or care home to deprive a person of liberty without obtaining an authorisation

Easy read guides for DoLS to support Service Users and families and friends for the DoLS Process:

If you are a professional in a Care Home or Hospital ONLY

To make a request for Urgent and/or Standard Authorisation please refer via the Portal (please note you will be required to register an account if you haven’t done so already).

If you have any further queries in relation to the Mental Capacity (Amendments) Act 2019 or the Liberty Protection Safeguards, please contact the DoLS Team:

• Email: dols@cheshirewestandchester.gov.uk
• Tel: 0151 337 4602