Deprivation of Liberty Safeguards (DoLS)

The Deprivation of Liberty Safeguards (DoLS) is a legal framework that help protect people who can’t make certain decisions for themselves and are being cared for in a hospital or care home.

They make sure that if someone’s freedom is restricted to keep them safe, it’s done in a way that is:

necessary – to protect the person from harm
proportionate – not more than needed
lawful – following the rules
respectful – considering the person’s rights and dignity.

A DoLS authorisation is needed when the person is:

18 or older
in a hospital or care home
not free to leave
under constant supervision or control, and
can’t agree to these arrangements because of a mental health condition (for example, dementia or brain injury).

This is called a deprivation of liberty and it must be checked and approved by law.

The managing authority, the hospital or care home is involved and they apply for the authorisation. The supervisory body local council (for example, Nottinghamshire County Council) is also involved and will check the application and decide if it should be approved.

Six checks are carried out during the assessment process:

age – is the person 18 or older?
mental health – does the person have a mental health condition?
mental capacity – can the person make decisions about their care?
eligibility – are there any legal reasons DoLS can’t be used?
no refusals – has the person made a decision or has someone legal (for example, a power of attorney) said no to the care?
best interests – is the care necessary, safe and the best option for the person?

The best interests assessor (BIA) looks at:

what the person wants or feels
whether they’re unhappy with their care or where they live
what family, carers and professionals think
if there’s a less restrictive way to care for them
how the care affects their wellbeing and dignity.

The BIA also lists any restrictions (e.g. locked doors or medication) and checks if these are necessary and fair. As well as suggesting ways to reduce the impact and recommend how long the authorisation should last (up to 12 months).

If all the criteria are met and all checks agree, the supervisory body can approve the DoLS authorisation. This means the person can be cared for in a way that restricts their freedom, but with legal safeguards in place.

The Deprivation of Liberty safeguards include important protections to make sure people are treated fairly and their rights are respected.

Here are the main safeguards:

Relevant Person’s Representative (RPR) - someone who supports the person, helps them understand what’s happening, and speaks up for them.
Right to Review - anyone involved can ask for a review if they think one of the criteria for DoLS is no longer met. This is called a Part 8 review.
Right to Go to Court - the person or their representative can ask a judge in the Court of Protection to look at the case again.

These safeguards help make sure the person’s voice is heard and their rights are protected.

They give people the chance to speak up, ask for changes, and make sure their care is fair and respectful.

Who is the Relevant Person’s Representative (RPR)?

Every person under DoLS must have a Relevant Person’s Representative (RPR) – usually a family member, friend or advocate.

Their job is to:

help the person understand what’s happening
support them to use their rights, including challenging the authorisation
stay in touch and speak up for them.

A DoLS authorisation can last up to 12 months. The person’s situation should be checked regularly and the authorisation can be challenged at any time.

Sometimes, the authorisation includes conditions to protect the person’s rights.

These might include:

writing down any objections the person makes
reviewing a particular care plan to consider less restrictive options
asking the GP to review certain medicines.

These conditions must be followed by the hospital or care home.

A part 8 review can be requested if:

the person is unhappy with their care
they might now be able to make decisions
their condition or situation has changed so the criteria for DoLS may no longer be met.

The council will look at the authorisation again and decide what to do.

What happens after approval?

Once approved, the hospital or care home and the person’s RPR will receive copies of the documents. Anyone involved in the assessment (e.g. family or carers) gets a summary explaining the decision and any conditions. This helps everyone understand what’s happening and why.