Deprivation of Liberty
Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act 2005. They aim to protect some of the most vulnerable people in society, ensuring that adults who are not detained under the Mental Health Act 1983 (as amended), but who have been placed in hospitals and care homes, are cared for in a way that does not inappropriately restrict their freedom.
Deprivation of Liberty Safeguards require that any care or treatment regime constituting a Deprivation of Liberty must be in the best interests of the adult assessed to be lacking capacity and must be necessary to protect them from harm.
A deprivation of liberty occurs when 'the person is under continuous supervision and control and is not free to leave and the person lacks capacity to consent to these arrangements'.
Challenges to the use of DoLS are heard by the Court of Protection.
We can provide advice about any issue relating to vulnerable adults and Deprivation of Liberty.