Deprivation of Liberty Safeguards
The Deprivation of Liberty Safeguards (DoLS) came into force in England and Wales in April 2009 under amendments to the Mental Capacity Act 2005. The safeguards provide legal protection for vulnerable people who may be deprived of their liberty in a hospital, care home or in a community setting.
The safeguards are intended to:
- protect people who lack mental capacity from being detained when this is not in their best interests
- prevent arbitrary detention
- give people the right to challenge a decision
- provides rights of representation.
A person is deprived of their liberty if they are:
- not free to leave the care home or hospital
- subject to continuous supervision and control
- unable to consent to the above arrangement due to lack of mental capacity.
Care home or hospital setting
If it is necessary to detain or restrain a person who is staying in a care home or hospital, the law states that the care home or hospital must apply to the local authority to register a lawful deprivation of liberty.
Other settings in the community
For people in supported living arrangements, such as supported housing or in their own home where they receive care and support from the local authority, there is a separate process for authorising a deprivation of liberty. In these settings, the local authority must obtain authority from the Court of Protection.
If you believe someone may be deprived of their liberty within a care home setting, or community setting, you can either speak to the person who is responsible for their care, or you contact Camden Council’s Access and Response Team on 020 7974 4000 (option 1) for further advice.