Deprivation of Liberty Safeguards (DoLS)
The Deprivation of Liberty Safeguards (DoLS) supplement the 2005 Mental Capacity Act. They only apply to safeguard vulnerable people who lack capacity to consent to the care or treatment they receive and:
- are over 18 years old
- are in receipt of care in a hospital or registered care home setting
- the care they get deprives them of their liberty
- are not detained under the Mental Health Act
Supreme Court
A judgement was made by the Supreme Court in 2014 judging if the living arrangements made for a mentally incapacitated person amount to a deprivation of liberty.
If they do, the deprivation must be authorised by a court or by the DoLS procedures in the Mental Capacity Act 2005 (and subject to regular independent checks).
Care homes and hospitals should familiarise themselves with this judgement and consider the implications for their own practice. If appropriate, they should seek independent legal advice.
Department of Health
Information and guidance relevant to all support and care providers who work with people who may lack mental capacity. Managing Authorities, care providers and commissioners should familiarise themselves with this.
Law Society
A practical guide on the law relating to deprivation of liberty safeguards.
Code of Practice
DoLS Code of Practice on GOV.uk for hospitals
Under the provisions of the Mental Capacity Act (MCA) it can be lawful to restrict or restrain someone where it has been assessed to be in their best interests in order to prevent them harm, as long as:
- The least restrictive method is used for the shortest period of time that is necessary to achieve the outcome
- The restriction does not amount to a deprivation of the person's liberty
When to apply
Applications must only be made:
- as a result of an MCA compliant and properly recorded best interest decision for that person
- where the person lacks the mental capacity to consent to, or refuse, the accommodation and support arrangements assessed to be needed
- they are subject to continuous supervision and control by a third party (e.g. care or support workers)
- they are not free to leave their accommodation
We can't give legal advice to hospitals, care homes or other providers, and we can't advise, in the absence of a formal request for a DoLS authorisation, whether a person's particular circumstances amount to a deprivation of liberty.
Apply
Our DoLS service is the referral point for all referrals for those people where their care is funded by a North Northamptonshire funding body, including:
- requests for extensions
- further periods of authorisation for those already in receipt of an authorisation and reviews
Care homes
Self-funding
If they are self-funding their care and the care home is:
- in North Northamptonshire - submit the referral to us
- outside of North Northamptonshire - submit the referral to the council for that area
Council funding
If North Northamptonshire Council is funding their care, submit your referral to us.
If they are being funded by another council, submit the referral to the council for that area.
NHS funding
If they are in NHS funded accommodation, and their address before they started to receive this funding was:
- in North Northamptonshire - submit the referral to us
- outside of North Northamptonshire - submit the referral to the council for that area
Sometimes the person is not a permanent resident in your home. In these cases, you will need to consider the purpose of their placement in the home and check available guidance.
Respite
If they are in your care home for respite, and their permanent home address is:
- in North Northamptonshire - submit the referral to us
- outside of North Northamptonshire - submit the referral to the council for that area
Discharge to assess
If they are in your care home under the discharge to assess process, and before hospital they were living:
- in North Northamptonshire - submit the referral to us
- outside of North Northamptonshire - submit the referral to the council for that area
Hospitals
If they were in a care setting before hospital and their ordinary residence was:
- in North Northamptonshire - submit the referral to us
- outside of North Northamptonshire - submit the referral to the council for that area
Homeless
If they're homeless and currently:
- in North Northamptonshire - submit the referral to us
- outside of North Northamptonshire - submit the referral to the council for that area
Own or family home
If they were in their own or family home before hospital, and the address is:
- in North Northamptonshire - submit the referral to us
- outside of North Northamptonshire - submit the referral to the council for that area
Once you've completed the form, you can save a PDF of your submission and print a copy.
We are available to discuss any queries regarding potential deprivation of liberty issues by emailing [email protected] or phoning us on 0300 373 0670.
Last updated 09 July 2024