Deprivation of Liberty Safeguards (DoLS)

Some people are prevented from leaving care in hospitals and care homes for their own safety. This is called 'deprivation of liberty'.

A person may be 'deprived of their liberty' if they:

• lack capacity to consent to their care and treatment
• are under continuous supervision and control
• are not free to leave a care home or hospital

Deprivations of liberty are judged on a case by case basis.

If a person is deprived of their liberty, it is important that the person has legal protection to ensure:

• that their human rights are not breached
• there is a way for them to challenge this deprivation of liberty through court

This legal protection is called the Deprivation of Liberty Safeguards (known as DoLS).

If a care home or hospital is depriving a person of their liberty, then they must tell us. We will check to see whether they are acting lawfully.

The deprivation of liberty has to be in the person's best interests. It must be both necessary and proportionate to the likelihood and seriousness of harm they could face if they left on their own.

We need to complete an assessment to authorise the deprivation. We do this once we are told that a person is being, or is likely to be, deprived of their liberty.

This assessment is carried out by 2 professionals:

• a specially trained doctor that will assess the person's mental disorder
• a second professional called the Best Interest Assessor (BIA)

The BIA is a specially trained:

• social worker
• nurse
• occupational therapist
• psychologist

They will spend time talking to the person and anyone involved in their life, such as:

• carers
• family members
• other professionals

A DoLS Standard Authorisation is only granted once the doctor and BIA are satisfied that the deprivation of liberty is lawful.

During the DoLS assessment, a representative for the person must be selected. They are known as the Relevant Person's Representative (RPR). The RPR keeps in touch with the person and supports them to challenge the DoLS Standard Authorisation if they object to:

• their care
• their accommodation
• restrictions in their life

There are rules about who can be appointed as an RPR.

If the person or their RPR disagrees with the standard authorisation, then they can challenge us in the Court of Protection. This is called a Section 21A challenge. There is non-means tested legal aid available along with full advocacy support for this process.

A judge will then decide:

• what care and treatment is in that person's best interests
• where they should stay

The DoLS process only applies to those in a hospital or care home. If a person is deprived of their liberty in their own home or a supported living environment, then we will apply to the Court of Protection for a judge to agree this. This is often known as a "Community Deprivation of Liberty" or referred to as the "Re. X procedure".

Lasting Power of Attorney

GOV.UK provide a Guide to set, register or end a Power of Attorney.

Office of the Public Guardian provides a Guide to completing forms for Power of Attorney and can help you decide if you should make one.

Age UK have a factsheet about Arranging for someone to make decisions on your behalf

Changes to the law

Liberty Protections Safeguards - indefinitely postponed

The Liberty Protection Safeguards (LPS) was the legislative changes expected to replace the Deprivation of Liberty Safeguards, and this was anticipated as coming into statute in 2023. However, the government of the day in 2023 postponed LPS for the life of the last parliament and the current government have, to date,  made no public comment or plans for LPS. It is not known if LPS will ever come into force at this stage so for the foreseeable future the Deprivation of Liberty Safeguards remain the legislation that must be used to authorise the Deprivation of Liberty for those who lack capacity. 

As part of the LPS process there was also consultation on a new Mental Capacity Act Code of practice as the existing one is so out of date. This is also still outstanding and there is no current news about when this will be introduced. 

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