The Deprivation of Liberty Safeguards are part of the Mental Capacity Act (2005).
Some people are unable to 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 do not suffer harm.
Sometimes we have to restrict people's freedom for their own safety. It is only when the person is unable to decide, that a decision can be made for them in their best interests.
Importantly, an individual's freedom should not be taken away if they can be cared for in a less restrictive way. There are different levels of restriction ranging for example, from a locked door to physical restraint.
At some point, the degree and intensity of these restrictions become what is legally known as a deprivation of liberty. The safeguards provide a legal framework and protection, where deprivation of liberty appears to be unavoidable in a person’s best interests.
The Deprivation of Liberty Safeguards can only be used if the person will be deprived of their liberty in a care home or hospital (other than under the Mental Health Act 1983). In other settings, the Court of Protection can authorise a deprivation of liberty.
Previously there were a lot of criteria to consider when applying for DoLS. On the 19th March 2014 the Supreme Court made a significant judgement (also known as the Cheshire West judgement) which identified what a deprivation of liberty is.
This is the acid test. The person must:
- Lack the capacity to consent to their care and treatment arrangements
- Be under continuous supervision and control
- Not be free to leave
You can contact our team via email at Dols@RBWM.gov.uk or by phone on 01628 682919.
The Mental Capacity Act Deprivation of Liberty Safeguards applies to anyone:
- aged 18 and over
- currently resident in a care home or hospital
- who suffers from a mental disorder or disability of the mind - such as dementia or learning disability
- who lacks the capacity to give informed consent to the arrangements made for their care and/or treatment.
The hospital or care home in which the person is, or may become, deprived of their liberty has responsibility for requesting an authorisation.
To request a Deprivation of Liberty (DoLS) standard authorisation or urgent authorisation please complete the form below and return to the Optalis DoLS Team by email.
Form 1 – standard and urgent request