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Deprivation of Liberty Safeguards (DoLS)

Deprivation of Liberty Safeguards (DoLS)

Useful information and training regarding the Deprivation of Liberty Safeguards and links for care homes and hospitals to apply for one.

What is DoLS?

The Deprivation of Liberty Safeguards, or DoLS, come under the Mental Capacity Act. They currently apply to people living in hospitals, care homes and 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", 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 and 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 see 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 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 conferences

Our last conference was held on the 18th February 2020 at Thomas Hardye School in Dorchester: 11th Annual Mental Capacity Conference this conference celebrated 11 years of the MCA.

Deprivation of Liberty Safeguards (DoLS)

You can request an initial Urgent Deprivation of Liberty Safeguards (7 days), Request a Standard Authorisation or a Further Standard Authorisation and 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:

  1. if the person is self-funding or homeless, apply to the local authority in your area
  2. 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
  3. 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)

For Urgent Deprivation of Liberty Safeguards, Request a New or a Further Standard Authorisation

online referral for Bournemouth and Christchurch - for any queries relating to this referral please call 01202 451657

online referral to Dorset Council - for any queries relating to this referral please call 01305 225650

online referral for Poole for Poole - for any queries relating to this referral please call 01202 633851

Requesting an extension to your Urgent (7 day) DoLS

online urgent DoLS extension request for Bournemouth and Christchurch - for any queries relating to this extension request please call 01202 451657

online urgent DoLS extension request to Dorset Council - for any queries relating to this extension request please call 01305 225650

online urgent DoLS extension request for Poole- for any queries relating to this extension request please call 01202 633851

DoLS (Deprivation of Liberty Safeguards) forms

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.

Useful leaflet to explain DoLS 

DoLS and you and your family leaflet

Mental Capacity Act forms for people working in the health and social care sector

Useful Mental Capacity Act forms for people working in the health and social care sector.

Best Interests balance sheet

Best Interests balance sheet - this is very helpful 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.