Deprivation of Liberty Safeguards (DoLS) Overview
Introduction to DoLS
Deprivation of Liberty Safeguards (DoLS), also known as DoLS or safeguards, are part of the Mental Capacity Act.
The purpose of DoLS is to:
- Protect individuals in care homes or hospitals from inappropriate deprivation of their liberty.
- Ensure that any restriction of liberty is done safely and correctly, only when necessary and in the best interests of the person.
Criteria for Legal Authorisation
To lawfully restrict someone’s liberty under DoLS, the person must:
- Be 18 years of age or older (under 18s are protected under the Safeguarding of Children’s Act).
- Lack the capacity to consent to their care arrangements.
- Be subjected to care involving high levels of restriction or restraint that amount to deprivation of liberty.
- Reside in a hospital or care home setting.
- Not already have detention authorised under the Mental Health Act.
Understanding Deprivation of Liberty
Deprivation of Liberty is not easily defined and varies based on individual circumstances:
- It emphasises that this is a serious matter and should occur only when absolutely necessary and in the person’s best interests.
- DoLS ensures decisions are made through defined processes and consultation with appropriate authorities.
Human Rights Consideration
DoLS aligns with Article 5 of the Human Rights Act 1998, which guarantees the right to liberty and security for UK citizens.
Legal Framework and Safeguards Implementation
DoLS came into force on 1st April 2009 with three key elements:
- Appointment of a representative for the person.
- Right to challenge deprivation of liberty in the Court of Protection.
- Regular review and monitoring of the deprivation of liberty.
Impact and Application
DoLS primarily affects:
- Older individuals in hospitals, residential care homes, and nursing homes.
- People with dementia informally admitted to care settings without capacity to decide on their care.
Informal admission means admission without personal choice, often by a relative, carer, or authority figure like a doctor or social worker.
The principles of DoLS follow those of the Mental Capacity Act.
