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.

With regards to care arrangements in a care home that will amount to a Deprivation of Liberty, care homes need to be reminded that they need to make the application/referral for an authorisation at the time they establish that they are able to offer a placement- referrals can be made up to 28 days before the person is admitted to the care home.

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. Social workers/staff need to also be aware they can make a 3^rd party referral if the relevant managing authority does not action the necessary referral.

For more information, please contact the DOLS Team at [email protected]