Deprivation of Liberty Safeguards (DoLS)
The Deprivation of Liberty Safeguards (DoLS) come under the Mental Capacity Act.
They currently apply to people living in:
- care homes
- nursing homes
The law says that no one should be deprived of their liberty unless this has been done through a process prescribed by law and that they have access to a right of appeal. The DoLS are necessary to make sure that any deprivation of liberty is lawful.
The Acid Test
Definition of a deprivation of liberty often referred to as the Acid Test. It must be met for the person to be considered to be deprived of their liberty. The Acid Test looks at the following:
- does the person lack capacity to make a decision about where they are living and what their care and treatment needs are?
- are they subject to continuous supervision and control?
- are they not free to leave or to live elsewhere without the permission of others?
- is their care and treatment "imputable to the state"? (this means is there any state involvement in their care and treatment, this would include funding of the placement or hospital, it would also include the place being regulated by the state, such as being monitored by the Care Quality Commission or indeed if the local authority have been made aware of the person in some way)
If the answer to all of these questions is yes, then the person is being deprived of their liberty.
This should then be authorised by the local authority (also referred to as the Supervisory Body).
The hospital or care home (also referred to as the Managing Authority) should make an application for a deprivation of liberty safeguards authorisation and, where possible, this should be done in advance of the person moving to the placement.
For further information, please check SCIE - Deprivation of Liberty Safeguards at a glance.
The Law Society
The Law Society has issued comprehensive guidance on the law relating to the deprivation of liberty safeguards.
The safeguards aim to ensure that those who lack capacity and are residing in a care home, hospital and supported living environments are not subject to overly restrictive measures in their day-to-day lives.
The guidance was commissioned by the Department of Health and aims to help solicitors and frontline health and social care professionals identify when a deprivation of liberty may be occurring in a number of health and care settings. It uses case scenarios to explain the law, following the landmark judgement of the Supreme Court in the case of Cheshire West (2014).
Quick reference sheets included in the guidance also highlight relevant liberty restricting factors and key questions for practitioners relating to each individual setting.
Mental Capacity Act conference
The annual conference on the Mental Capacity Act was conducted on 16 March 2021. Find more information about the Mental Capacity Act conference 2021.
Request Deprivation of Liberty Safeguards (DoLS)
If you are a managing authority for example a care home or hospital, use the forms below to request a standard or urgent Deprivation of Liberty Safeguards.
You can request an initial Urgent Deprivation of Liberty Safeguards (7 days), Request a Standard Authorisation or a Further Standard Authorisation and a 7-day Urgent Extension online.
These guidance notes on how to submit an online DoLS request will help you set up an initial profile.
It's important to ensure that you apply to the correct local authority. There are a few rules to ensure you select the correct one:
- if the person is self-funding or homeless, apply to the local authority in your area
- if the person is being paid for by another local authority - send it to that local authority. You may have to search the internet for the contact details
- if the person is paid for by NHS continuing healthcare, the local authority is the one for the address they lived at whilst at home (before they went into hospital or residential care)
Request a new or a further standard authorisation for urgent Deprivation of Liberty Safeguards
- online referral for Bournemouth and Christchurch - for any queries call 01202 128963
- online referral to Dorset Council - for any queries call 01305 225650
- online referral for Poole - for any queries call 01202 118700
Request an extension to urgent (7 days) DoLS
- online urgent DoLS extension request for Bournemouth and Christchurch - for any queries call 01202 451657
- online urgent DoLS extension request to Dorset Council - for any queries call 01305 225650
- online urgent DoLS extension request for Poole- for any queries call 01202 633851
Mental Capacity Act forms for people working in the health and social care sector
Best interests balance sheet
Best interests balance sheet - this is to weigh up the social, ethical, medical, emotional and welfare needs of the person in order to make a significant 'best interest' decision when they lack capacity.
Capacity assessment form A
Capacity assessment form A - this is a Dorset form to help complete and document whether a person has the capacity to make a specific decision.
Best interests form B
Best interests form B - another Dorset form to help complete and document a 'best interests' decision for someone lacking capacity.