What is DoLS?

The Deprivation of Liberty Safeguards (DoLS) were introduced into the Mental Capacity Act 2005, by the Mental Health Act 2007 and came into force on 1st April 2009. This legislation provides a framework to ensure that deprivation of liberty happens, only under very specific conditions and only when it is in someone's best interests.

Some people living in care homes and hospitals may not be able to make their own decisions. They may sometimes lack the capacity to consent to treatment or care and may need, in their own best interests, to be deprived of their liberty.

Who does this apply to?

DOLS apply to people in care homes and hospitals who meet all of the following criteria. A person must:

• be aged 18 or over
• have a mental disorder such as dementia or a learning disability
• lack the capacity to consent to where their treatment and/or care is given
• need to have their liberty taken away in their own best interests to protect them from harm

There is currently no definition of what a deprivation of liberty is, but the following factors would be relevant:

• If someone is not allowed to leave the care home or hospital
• If they have no, or very limited, choice about their life within the care home or hospital
• If they are prevented from maintaining contact with the world outside the care home or hospital

Any of these factors on their own may or may not amount to a deprivation of liberty; it will always depend on the individual facts of each case.

The legislation introduces a responsibility for care homes or hospitals to obtain authorisation for someone to be deprived of their liberty.

If someone is at risk of being deprived of their liberty, or is already being deprived of their liberty, the registered care home manager or hospital must apply for authorisation of the deprivation of liberty. The application must be made to the relevant supervisory body - this will either be the local authority for registered care homes or the PCT for hospitals which have separate responsibilities for arranging an assessment of deprivation of liberty.

What do to next if?

• you think you are being deprived of your liberty or
• you think someone you know is being deprived of their liberty

If you are a resident in a care home and you feel that you are at risk of being deprived of your liberty, or are already being deprived of your liberty, you can ask the registered manager of the home to refer you to City of York Council's DoLS team for an assessment of your situation. Similarly, if you are a relative or friend of a resident and have such concerns contact the DoLS team. 

If you are a registered care home manager and you are concerned about a resident in your care, please contact the DoLS team for advice and assistance.