Guidance for the Managing Authority

Managing Authority responsibilities under DoLS

Registered homes and hospitals are 'managing authorities' for DoLS and they have the responsibility for preventing unnecessary deprivations of liberty and recognising when a deprivation of liberty is occurring or is likely to occur.

Guidance for care homes and hospitals

The Law Society has shared advice to help people understand the rules around Deprivation of Liberty Safeguards (DoLS). This includes easy-to-use guides for different care settings like hospitals, care homes, and supported living.

The guidance explains the new DoLS rules and gives examples of situations that might count as depriving someone of their liberty. It also shows what kind of information should be included when filling out referral forms.

There are also short guides for each type of care setting, and summaries of important legal cases to help people understand how the rules work.

To read the guidance visit the Law Society website.

Further resources and e-learning on DoLS can be found on the Social Care Institute for Excellence (SCIE) website.

The 39 Essex Chambers Mental Capacity Resource Centre website offers tools and materials to support understanding and application of the Mental Capacity Act 2005, this includes:

case law database
mental capacity reports
practical guidance for professionals
articles and insights written by members of the court team

Who can apply for a DoLS

If someone is lacking capacity and living in a care home or hospital needs to be kept safe by stopping them from leaving or moving around freely, the law says the care home or hospital must ask the local council for permission. This is called a deprivation of liberty (DoLS). It must be done properly to make sure the person's rights are protected.

The council is responsible of checking DoLS requests for people who usually live in the area. We make sure no one's freedom is not taken away unless it is really needed and done the right way.

If there is a dispute over the borough in which a person's lives, a local authority will refer to the ordinary residence guidance on the GOV.UK website and follow the structured dispute resolution process outlined in the legislation and statutory guidance.

DoLS forms

Download deprivation of liberty safeguards (DoLS) forms 1 to 12, along with the accompanying guidance for completing them, from the GOV.UK website.

All requests and enquiries should be sent to:

Email the DoLS team: DOLS@wokingham.gov.uk

What to do if you’re worried about someone’s freedom

If you think someone might be having their freedom limited in a care home or hospital talk to the person in charge of their care, or phone our DoLS teams on the following numbers: