Deprivation of Liberty
The Deprivation of Liberty Safeguards (DoLS), which apply only in England and Wales, are an amendment to the Mental Capacity Act 2005. The DoLS under the MCA allows restraint and restrictions that amount to a deprivation of liberty to be used in hospitals and care homes – but only if they are in a person’s best interests. To deprive a person of their liberty, care homes and hospitals must request standard authorisation from either a local authority or health body. Six assessments have to take place before a standard authorisation can be granted.
- At a glance – The Deprivation of Liberty Safeguards
This summary includes guidance on what deprivation of liberty is and how it is authorised under the DoL safeguards. It also discusses urgent authorisations, the safeguards for people who may be deprived of their liberty and when DoLS cannot be used.
- Report – Deprivation of Liberty Safeguards: putting them into practice
This resource describes good practice in the management and implementation of the Deprivation of Liberty Safeguards. It includes the roles of clinical commissioning groups (CCGs) and wider local authority governance.
- Video – MCA: Deprivation of Liberty (DoL) in light of the Supreme Court judgment: explaining the 2014 changes (9 minutes)
This video explains the recent changes to the Deprivation of Liberty (DoL) in light of the Supreme Court Judgment led by Lady Hale, which clarified that people who lack capacity to consent to the arrangements for their care and treatment have the same rights to liberty as anyone else.
- Video – MCA: Deprivation of Liberty (DoL) in light of the Supreme Court judgment: messages for practice (12 minutes)
In March 2014, the Supreme Court issued a judgment on deprivation of liberty, which clarified what may constitute a situation whereby someone can legally have their liberty taken away. This video looks at how the judgment effects people’s working lives in practice, by looking in detail at two real-life case studies.
- Guide – IMCA and paid relevant person's representative roles in the Mental Capacity Act Deprivation of Liberty Safeguards
This practice guidance describes the role of Independent Mental Capacity Advocates (IMCAs) and paid representatives in the Mental Capacity Act Deprivation of Liberty Safeguards (MCA DoLS).