Deprivation of Liberty Safeguards (DoLS) is a new law
that protects vulnerable adults in hospitals or care homes who
might be deprived of their liberty.
This information is for both staff in hospitals and care
homes who may need to apply for Deprivation of Liberty
authorisation and for people directly affected by or concerned
about these decisions.
What is Deprivation of Liberty?
Some people who live in hospitals and care homes can’t make
their own decisions about their care or treatment because they lack
the mental capacity to do so. They need more care and protection
than others, to ensure they don’t suffer harm.
Sometimes, caring for and treating people who need extra
protection may mean restricting their freedom. For instance, it
might be necessary to stop a person from leaving the hospital or
care home, or staff might have to make most of the choices for a
person inside the care home. If there are a lot of restrictions
like this, it may be that the person is being deprived of their
liberty.
Hospitals and care homes should always try to avoid this, but
sometimes there is no alternative to deprive a person of their
liberty because it is in their best interests.
What are the Deprivation of Liberty Safeguards?
The Deprivation of Liberty Safeguards are a new law from
1st April 2009. They apply to anyone who:
- Is aged 18 or older
- Is suffering a disorder or disability of the mind
- Lacks the capacity give consent to their care/treatment
- Is receiving care or treatment that might amount to a
deprivation of liberty under Article 5 of the European Court of
Human Rights
If there is no alternative but to deprive such a person of their
liberty, the new Deprivation of Liberty Safeguards say that a
hospital or care home (known as the Managing Authority) must apply
to the council (for care homes) or to the Primary Care Trust (for
hospitals) for authorisation. The council or Primary Care Trust are
known as the Supervisory Body. The Supervisory Body must assess the
person concerned to see whether they:
- are deprived of their liberty
- come under the new law
- are being deprived of their liberty in their best
interests
If the Supervisory Body authorises a deprivation of liberty,
this will be for a limited time (up to a maximum of 12 months) and
the Supervisory Body may put conditions in place to ensure the
person’s welfare. The Supervisory Body will also ensure that the
person being deprived has a ‘Representative’ who will keep in touch
with the person, support them in all matters regarding the
authorisation, and ask for a review of the authorisation when
necessary. This Representative could be a family member, a friend
or a paid advocate.
Of course, sometimes a person’s family or friends might not
agree with an authorisation. The Safeguards also allow people the
right of appeal against a decision in a court of law.
What should I do if I feel a person is being deprived of
their liberty?
(i) Discuss the issue with the hospital or care home. They may
be able to change a person’s care or treatment to ensure the person
is not being deprived, or may be able to explain why a person is
not actually deprived of their liberty.
(ii) Request that the Supervisory Body reviews the person, to
see whether they are being deprived of their liberty. This request
can be in writing, or by phone. Contact
Menatal
Capacity Act Facilitator
