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Deprivation of Liberty Safeguards (DoLS)

Also known as: DoLS, Liberty Protection Safeguards

Definition

Deprivation of Liberty Safeguards (DoLS) are legal protections for people in care homes or hospitals who lack mental capacity to consent to restrictions on their freedom, ensuring any limitations are necessary and in their best interests.

Understanding DoLS matters if you're planning care for elderly relatives or acting as an attorney under a Lasting Power of Attorney—even attorneys cannot consent to these restrictions.

What Does Deprivation of Liberty Safeguards (DoLS) Mean?

Deprivation of Liberty Safeguards (DoLS) are legal protections introduced in April 2009 under the Mental Capacity Act 2005 for people in care homes and hospitals who lack mental capacity to consent to their care arrangements. DoLS were created following a European Court ruling in HL v United Kingdom (2004), which identified a gap in UK law—people were being deprived of liberty for their care without proper legal safeguards. The framework ensures any restrictions on someone's freedom are necessary, proportionate, regularly reviewed, and in their best interests under Article 5 of the European Convention on Human Rights.

The 2014 Supreme Court case P v Cheshire West established the "acid test" for deprivation of liberty: continuous supervision and control, plus the person is not free to leave. When a care home or hospital identifies someone meets these criteria, they must apply to the local authority for DoLS authorisation. The local authority arranges six assessments covering age, mental health, mental capacity, best interests, eligibility, and ensuring no one with authority has refused consent. Standard authorisations can last up to 12 months and must be reviewed regularly. The process appoints a representative (often a family member) to support the person's rights, and anyone can challenge the authorisation through the Court of Protection.

Sarah, 82, lives in a care home with advanced dementia. She cannot consent to her care plan, which includes code-locked doors and staff supervision when leaving the building. The care home applies for DoLS authorisation because Sarah is under continuous supervision and cannot leave freely, even though she appears content. The local authority grants a 12-month authorisation after assessing that the restrictions are necessary for Sarah's safety and in her best interests. Her daughter is appointed as representative to ensure Sarah's rights are protected.

DoLS only applies in care homes and hospitals—not in someone's own home. Health & Welfare LPA attorneys cannot consent to deprivation of liberty; only local authorities can authorise DoLS. If someone moves between care homes, a new DoLS application is required. Liberty Protection Safeguards (LPS) were planned to replace DoLS, but the government announced in April 2023 that implementation has been delayed indefinitely, so DoLS remains the current framework.

Common Questions

"When does a care home need to apply for DoLS?" A care home must apply for DoLS when a resident lacks mental capacity to consent to their care arrangements and those arrangements involve continuous supervision and control where they are not free to leave. This applies even if the person is content with their care and doesn't try to leave—the 2014 Supreme Court "acid test" focuses on what would happen if they tried.

"Can family members stop a DoLS authorisation?" Family members cannot directly stop a DoLS authorisation, but they can challenge it through the Court of Protection if they believe it's not in the person's best interests. The DoLS process also appoints a representative (often a family member) who can raise concerns about the person's care and request reviews of the authorisation.

"Does DoLS mean someone is being locked up against their will?" No, DoLS doesn't mean someone is being locked up or detained. It's a legal safeguard that ensures any restrictions on liberty in a care home or hospital are necessary, proportionate, and regularly reviewed. Many people subject to DoLS live comfortably and don't realise they're under restrictions—DoLS protects their rights even when they're content with their care.

Common Misconceptions

Myth: DoLS is the same as being sectioned under the Mental Health Act

Reality: DoLS and being sectioned are completely different. DoLS applies to people in care homes or hospitals who lack capacity to consent to care arrangements, regardless of whether they have a mental health condition. Being sectioned under the Mental Health Act specifically applies to people who need compulsory treatment for a mental disorder and involves different legal processes and powers. You don't need a mental health problem to be subject to DoLS—many people with dementia or physical brain injuries are protected by DoLS.

Myth: DoLS can be transferred when someone moves to a different care home

Reality: DoLS authorisations are specific to the location where they were assessed and cannot be transferred to another venue. If someone moves from one care home to another, the new care home must apply for a fresh DoLS authorisation from the local authority. This is because the assessment considers the specific care environment, supervision arrangements, and whether restrictions are necessary in that particular setting. Until the new Liberty Protection Safeguards system is implemented (currently delayed indefinitely), DoLS remains location-specific.

  • Mental Capacity Act: The legal framework that provides the basis for DoLS, establishing when someone lacks capacity to make decisions about their care.
  • Lasting Power of Attorney: Health & Welfare attorneys make care decisions but cannot consent to deprivations of liberty—only local authorities can authorise DoLS.
  • Best Interests: All DoLS decisions must be made in the person's best interests, considering their wishes, wellbeing, and safety.
  • Court of Protection: Can challenge DoLS authorisations or authorise deprivations of liberty in domestic settings where DoLS doesn't apply.
  • Vulnerable Adult: DoLS protects vulnerable adults who lack capacity—it's one safeguarding mechanism for this group in institutional care settings.

Need Help with Your Will?

Understanding legal safeguards like DoLS helps you plan comprehensively for later life care and capacity loss. Whether you're creating a Lasting Power of Attorney or making care home decisions, knowing these frameworks protects your family's rights.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.