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Deprivation of Liberty Safeguards (DoLS)
Deprivation of Liberty Safeguards (DoLS) is a legal framework that offers protection to vulnerable adults (aged 18 and above) against infringement of their Article 5 right- right to liberty.
It ensures that when someone is being deprived of their liberty and/or their freedom is restricted in a care home or hospital, it is only done because the person lacks the mental capacity to consent to that arrangement and it is both in the person’s best interests and the least restrictive option available at the time.
DoLS only applies to a person who is in a care home or hospital. However if the managing authority (care home/hospital) thinks it needs to deprive a person of their liberty, this has to be authorised by a supervisory body (local authority) following assessments conducted by a Best Interests Assessor (BIA) and Mental Health Assessor. The BIA is the professional who recommends DoLS if they are satisfied the criteria for granting DoLS (standard authorisation) is met.
The key elements of these safeguards are:
- to provide the person with a representative – a person who is given certain rights and who should look out for and monitor the person receiving care
- to give the person (or their representative) the right to challenge a deprivation of liberty through the Court of Protection (see ‘Other useful organisations’)
- to provide a mechanism for a deprivation of liberty to be reviewed and monitored regularly
However if it is confirmed that restraint and restrictions is in the persons best interest and the person lacks capacity to make the decision themselves, the restraints and restrictions must be proportionate to the harm the care giver is seeking to prevent, examples include but are not limited to:
- removing items from a person that could cause harm
- physically stopping a person from doing something
that could cause harm - close supervision in the home or use of isolation
- requiring a person to be supervised when out
- holding a person so that care, support, treatment can be administered
Social workers will need to inform care homes if the person is already subject to a DoLS authorisation or where it appears that they are likely to meet the threshold for an authorisation.
Staff need to also be aware they can make a 3rd party referral if the relevant managing authority does not action the necessary referral.
The final decision regarding what amounts to a deprivation of liberty is decided by the courts. Further information regarding how deprivation of liberty is authorised can be found here.
For more information, please contact the DOLS Team at [email protected]