Deprivation of Liberty Safeguards (DoLS)

The Mental Health (Amendments) Act 2007 introduced a supplement to the Mental Health Capacity Act 2005 (MCA): the Mental Capacity Act 2005 Deprivation of Liberty Safeguards (MCA DoLs). These safeguards provide legal protection for vulnerable people who may be deprived of their liberty in a hospital (other than under the Mental Health Act 1983) or in a care home, whether placed there under public or private arrangements.

Some people living in hospitals and care homes can not make their own decisions about their care and / or treatment because they lack the mental capacity to do so. They need more care and protection than others to ensure they don't suffer harm. Caring for and treating people who need extra protection may mean restricting their freedom to the point of depriving them of their liberty. The European Court of Human Rights has said that the rights of people who can not make decisions and who need to have their liberty taken away in hospitals and care homes must be strengthened. People's liberty should not be taken away if they can be cared for in a less restrictive way.

The MCA DoLS will protect people who can not make decisions about care or treatment, who need to be cared for in a restrictive way. For example, some people who have dementia, a mental health problem or a severe learning disability. The law says the MCA DoLS must be used if people need to have their liberty taken away in order to receive care and / or treatment that is in their best interests and protect them from harm.

The MCA DoLS also give legal protection to the person deprived of their liberty, including the right to:

• an independent representative to act on their behalf
• the support of an Independent Mental Capacity Advocate (IMCA)
• have their deprivation of liberty reviewed and monitored on a regular basis
• challenge their deprivation of liberty at the Court of Protection (COP).

The Mental Capacity Act Deprivation of Liberty Safeguards apply to anyone:

• aged 18 and over
• who suffers from a mental disorder or disability of the mind - such as dementia or a profound learning disability
• who lacks the capacity to give informed consent to the arrangements made for their care and / or treatment.

An authoriation of a deprivation of liberty will only be given if it can be shown that it is in the person's best interests and the only way to protect them from harm. This will be decided following an assesment and examination by a team of specially trained staff.

Unauthorised deprivation of liberty

A deprivation of liberty of a person in a hospital or care home is only legal if the person has been assessed under the MCA DoLs procedures and an authorisation has been given.

If a member of staff, family member, carer or any other third party suspects an unauthorised deprivation of liberty is occurring, the law entitles them to tell the managing authority (the hospital or care home where the person is). If the managing authority fails to satisfy their concerns, the person can ask the supervisory body (the PCT or Local Authority responsible for considering the request for an authorisation) to investigate. The following standard letters are available for this purpose:

• Letter to managing authority concerning unauthorised deprivation of liberty
• Letter to supervisory body concerning unauthorised deprivation of liberty

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•   RBWM Guidance for Managing Authorities (pdf 87KB)

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