Deprivation of Liberty Safeguards

The Deprivation of Liberty Safeguards (DoLS) were introduced in England and Wales in April 2009 as part of the The Mental Capacity Act 2005. 

DoLS protect people who:

• are at risk of being deprived of their liberty in a hospital or a Care Quality Commission (CQC) registered care home
• lack the mental capacity to consent to the arrangements
• are not detained under the Mental Health Act 1983

What are the Deprivation of Liberty Safeguards (DoLS)?

DoLS are legal protections for people who can’t make decisions about their care or treatment. If someone you care about needs to stay in a care home or hospital and isn't allowed to leave to keep them safe, DoLS make sure this is fair, safe and in their best interests. They also make sure someone is checking that everything is being done properly.

What can cause someone to lack of mental capacity?

A person may lack capacity due to:

• a stroke or brain injury
• a mental health problem
• dementia
• a learning disability
• confusion, drowsiness or unconsciousness because of an illness or the treatment for it
• substance misuse

What are the safeguards for?

The DoLS are designed to:

• protect people who lack the mental capacity to make decisions about their care.
• making sure any restrictions are in the person’s best interests
• give people the right to challenge decisions about their care and freedom
• provide support and representation through a Relevant Person’s Representative (RPR), who helps ensure their voice is heard

When is someone considered deprived of their liberty?

A person is likely being deprived of their liberty if they:

• are not free to leave a care home or hospital
• are under continuous supervision and control
• cannot consent to these arrangements due to lack of mental capacity