Care home and hospital Deprivation of Liberty Safeguards (DoLS) explained

Care homes or hospitals cannot restrict someone’s freedom without legal checks. If they think someone needs restrictions to keep them safe, they must ask the local council for permission. 

For people who live in the Wokingham Borough area, Wokingham Borough Council is the Supervisory Body. We are responsible for all DoLS authorisations for our residents, even if they receive care in another part of the country.

Care homes and hospitals are called Managing Authorities under DoLS. Their job is to notice when someone’s care is becoming too restrictive and to prevent this where possible. They should only use restrictions when it is the safest and least restrictive option. If they think a deprivation of liberty is happening, or could happen soon, they must ask the local council to decide if this is allowed.

This permission is called a DoLS authorisation.

Here’s what it means:

• Six checks (assessments) are done to make sure the arrangements are necessary, proportionate, and in your best interests.
• Conditions may be added to make the arrangements less restrictive.
• You will have a Relevant Person’s Representative (RPR) – usually a family member or friend – who will speak up for you and help protect your rights.
• You have the right to challenge the authorisation in the Court of Protection if you do not agree with it.
• You can get support from an Independent Mental Capacity Advocate (IMCA) if you have no family or friends to help.
• The authorisation is time-limited and reviewed regularly to check if it is still needed.
• Your care must always use the least restrictive option to keep you safe.