Deprivation of Liberty Safeguards (DoLS)
The Deprivation of Liberty Safeguards (DoLS) are rules that help protect people who cannot make decisions for themselves.
These rules apply to people who:
- are aged over 18
- lack mental capacity
- live in a hospital, care home or nursing home.
If someone lives in their own home or in supported accommodation, they can still be deprived of their liberty. The process is different. An application needs to be made by the funding authority to the Court of Protection.
What deprivation of liberty is
Sometimes people need to stay in a hospital or care home because they can't take care of themselves. If they cannot leave, this is called a deprivation of liberty.
A person is deprived of their liberty if they:
- lack capacity to decide where they are living and their care needs
- are subject to a high level of supervision
- are not free to leave a hospital or care home permanently
- have any state involvement in their care. For example, care home funding or being regulated by the Care Quality Commission (CQC).
How DoLS works
The deprivation of liberty must be authorised by us. We are known as the Supervisory Body. We’ll carry out several checks with doctors to make sure deprivation of liberty is necessary.
The hospital or care home should apply for the authorisation. They should do this before the person moves into their care if possible. They can apply up to 28 days before the person moves into the hospital or care home.
They can request a:
- standard authorisation
- urgent authorisation (7 days)
- further standard authorisation and 7-day urgent extension.
Find out more about the assessment process.
Why we have DoLS
These rules make sure that keeping someone in a hospital or care home is the best thing for them. They make sure the person is kept safe and treated fairly. They are part of the Mental Capacity Act.
Further information
For more information about DoLS you can read: