Your Guide to Deprivation of Liberty Safeguards (DoLS)

If you work in care, you may have seen the phrase Deprivation of Liberty Safeguards (DoLS) used a fair bit. Have you ever considered what it means for you, and the people you look after?

In this article, we’ll talk about what DoLS is, who would be under one, their rights, applicable acts, and how it relates to the people we support at Northern Healthcare.

What does DoLS mean?

“Deprivation of Liberty Safeguards (DoLS) is a set of checks that are part of the Mental Capacity Act 2005, which applies in England and Wales. The DoLS procedure protects a person receiving care whose liberty has been limited by checking that this is appropriate and is in their best interests.“ – Alzheimer’s Society

What is a deprivation of liberty?

A deprivation of liberty is usually described as when a person has their freedom limited in some way.

It is likely to happen when:

‘The person is under continuous supervision and control and is not free to leave, and the person lacks capacity to consent to these arrangements.’

You will be much more likely to see a deprivation of liberty in a person within a care setting because:

A lot of their decisions are made for them or on their behalf
They are limited on where they are allowed to go
Their routine can often be decided for them

A lot of people within a care setting will need high levels of support, which means their freedom is limited. To give them support, or prevent them from harm, staff will limit them from doing things such as walking around at night, leaving the building or giving them medications that may affect their behaviour. Removing a person’s ability to be able to do these things freely can be considered as a ‘deprivation of liberty’ and care staff should always try to ensure that they limit a person’s freedom as little as possible while keeping them safe.

The answers to the below questions should help decide whether it is a deprivation of liberty:

Is the person under continuous supervision and control?
Is the person free to leave?
Does the person lack capacity to consent to their care arrangements?

Who would be under a DoLS?

DoLS tend to only apply to people under care – this would generally apply to a person in a care setting or hospital. They also only apply to those living in England and Wales.

People in supported living have a separate system to follow, which we’ll touch on later on in the article.

Is a deprivation of liberty the same as being detained under the Mental Health Act?

Being detained under the Mental Health Act 1983 is not the same – you do not need to be under treatment for your mental health to have your liberty deprived.

If your mental health causes you to be detained, it will likely be done under the Mental Health Act 1983, and if you are under this already then you cannot have a liberty of deprivation used on you.

How is deprivation of liberty authorised under DoLS?

Care homes or hospitals must ask a local authority if they can deprive a person of their liberty – this is called requesting a standard authorisation.

There are six assessments which have to take place before a standard authorisation can be given and for a deprivation of liberty to be granted, it must meet the conditions of the six assessments.

The authorisation must meet the following criteria:

If the deprivation of liberty isn’t granted, the following people must be made aware by the supervisory board:

Yourself
The hospital or care facility that made the request
Any independent mental capacity advocate involved
Every interested person consulted by the best interests assessor, e.g. loved ones and carers

How it relates to the people we support

In a supported living service, such as Northern Healthcare, the system differs slightly – this is due to the level of freedom the people we support have.

However, a person in a supported living setting can still be deprived of their liberty in certain situations, e.g. if they receive more care or support. They must be under ‘continuous supervision and control.’

A deprivation of liberty will still need to be authorised but the process is slightly different to the one for care homes and hospitals. For a deprivation of liberty to be authorised, the local authority will need to take the case to the Court of Protection, rather than authorising it themselves.

Useful Contacts

If you, or a loved one, need additional support in the form of an advocate you can find a local advocacy service or group in your area.

You can call Mind’s Legal Line on 0300 466 6463 or contact your local Mind. If you are in hospital, you can also contact the Patient Advice Liaison Service (PALS) in England and the Community Health Council in Wales.

You may also be entitled to get support from an advocate, you can find further information on Mind’s page for legal rights to your advocacy.