Deprivation of Liberty Safeguards (DoLS)

Some people living in care homes and hospitals can’t always make their own decisions because they lack the mental capacity to do so.  They need care and protection to ensure they don’t suffer harm.  Caring for people who need extra protection may mean restricting their freedom to the point of depriving them of their liberty, for example, preventing a person from leaving the care home or hospital to protect their safety.

Mental Capacity Act 2005

The Mental Capacity Act 2005 supports and protects people. It also provides guidance on how others can make decisions on behalf of someone who lacks mental capacity. Any decisions made for someone who lacks mental capacity must be made in their best interest. 

Since April 2009, the Mental Capacity Act has also provided a legal framework to ensure that people who lack capacity who are being deprived of their liberty are being done so lawfully. This means that the deprivation of liberty must be authorised in accordance with the Deprivation of Liberty Safeguards (DoLS).

DoLS applies to people who are resident in a care or nursing home or hospital. If someone who lacks capacity is being deprived of their liberty in another setting, such as a supported living arrangement, the deprivation of liberty can only be authorised by the Court of Protection.