The Deprivation of Liberty Safeguards

The Mental Capacity Act Deprivation of Liberty safeguards (MCA DOLS) (2009), (formerly known as the Bournewood safeguards) were introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007 (which received Royal Assent in July 2007).

The MCA DOLS apply to anyone:

aged 18 and over;
who suffers from a mental disorder or disability of the mind, such as dementia or a profound learning disability;
who lacks the capacity to give informed consent to the arrangements made for their care and / or treatment; and
for whom deprivation of liberty (within the meaning of Article 5 of the European Court of Human Rights (ECHR) is considered after an independent assessment to be necessary in their best interests to protect them from harm.

The safeguards cover patients in hospitals and people in care homes registered under the Care Standards Act 2000 (www.legislation.gov.uk/ukpga/2000/14/contents), whether placed under public or private arrangements

The safeguards were implemented in April 2009. They are designed to protect the interests of an extremely vulnerable group of service users and to:

ensure people can be given the care they need in the least restrictive regimes;
prevent arbitrary decisions that deprive vulnerable people of their liberty;
provide safeguards for vulnerable people;
provide them with rights of challenge against unlawful detention;
avoid unnecessary bureaucracy.

Information regarding DOLS can be found on the Department of Health website: www.dh.gov.uk/en/SocialCare/Deliveringadultsocialcare/MentalCapacity/MentalCapacityActDeprivationofLibertySafeguards/index.htm#jumpTo4

The safeguards are supported by the DOLS Code of Practice (pdf 470KB) which all those working in a professional or paid role are under a legal duty to comply with. To use these files you will need Adobe Acrobat Reader. If you do not have this on your computer, please use our advice page.

Information booklets

For more information, download the information booklets below:

Symbol for Easy Read information

Deprivation of Liberty Safeguards and You (pdf 940KB) Easy Read

Making Decisions: The Independent Mental Capacity Advocate (IMCA) service (OPG606) (Updated - includes DOLS) (pdf 328KB)
A guide for primary care trusts and local authorities (OPG607) (pdf 142KB)
A guide for hospitals and care homes (OPG608) (pdf 154KB)
A guide for relevant person's representatives (OPG609) (pdf 136KB)

Photo symbols image write to Kent and Medway DOLS Office
3^rd floor, Brenchley House
123-135 Week Street
Maidstone
Kent ME14 1RF

Symbol for out of hours service - telephone

Phone: 01622 696275
Secure fax: 01622 694072

Email: dols.office@nhs.net
Office hours:9am-5pm Monday to Friday (excluding Bank Holidays)

The DOLS Office operates as a partnership arrangement for all five Supervisory Bodies in Kent and Medway:

Medway Council;
Kent County Council (www.kent.gov.uk/adult_social_services/your_social_services/advice_and_guidance/mental_capacity_act.aspx);
NHS West Kent (www.westkentpct.nhs.uk/);
NHS Eastern and Coastal Kent (www.easternandcoastalkent.nhs.uk/); and
NHS Medway (www.medwaypct.nhs.uk/).

and is responsible for receiving applications for authorisation and commissioning assessments.

This office offers guidance and information, and receives communications in relation to DOLS, from the Managing Authorities (care homes and hospitals in Kent and Medway). It does not offer a service for members of the public.

DOLS Applications and Communication

When a Managing Authority believes that a deprivation of liberty is currently happening (in a relevant person’s best interests), it has to issue an Urgent Authorisation for the first seven days together with a Request for a Standard Authorisation which we will process while the Urgent Authorisation is active. If a deprivation of liberty is likely to occur in the near future only a Request for a Standard Authorisation is required and we have up to 21 days to process this.

Any forms must be sent to the DOLS Office by fax, Special Delivery, courier or hand delivery to ensure safe arrival at the DOLS Office on the same working day as completion of the forms, if possible, or by the morning of the next working day.

Authorisation is only given if it can be shown that it is necessary and in the person’s best interests, following assessment and medical examination by specially trained staff.

If you are visiting a hospital or care home and believe that a person is being deprived of their liberty, you should first speak to the person in charge of the ward/care home requesting that they issue an urgent authorisation to the DOLS Office. If this is not done, then you should contact the DOLS Office at the address above.

Find out about:

For more information contact Adults and Children's Services Team by telephone: 01634 334466 / TextRelay 18001 01634 334466 or by email: ss.accessandinfo@medway.gov.uk

Write to: Adults and Children's Services Team, Customer First, Gun Wharf, Dock Road, Chatham, Kent ME4 4TR

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