This practice guide has been commissioned by the Department of Health to help frontline social and health professionals decide whether an individual they are concerned with may be deprived of their liberty due to the type of care or treatment that they are receiving or the level of restrictive practices that they are subject to. It focuses on the practical application of the legal principles. Part I provides details of the legal framework that governs deprivation of liberty and outlines the central principles of Article 5 European Court of Human Rights (ECHR). It then summarises the key elements of the Cheshire West decision. Part II details the most common settings in which a deprivation of liberty may occur: hospitals; psychiatric care; care homes; supported living services, such a shared lives schemes and extra care housing; Deprivation of liberty at home; and under 18s. For each setting the guidance identifies some of the factors that may point towards there being a deprivation of liberty; suggests scenarios which are very likely to/may/or not amount to a deprivation; and poses a number of questions that professionals can ask themselves when making decisions. The document includes links case law throughout. Part III provides summaries of key legal cases and further information and resources. The guidance is primarily relevant to the position in England and Wales. Quick reference guides covering each individual setting are also available.

Emergency guidance for health and social care staff in England and Wales who are caring for adults who lack the relevant mental capacity to consent to their care and treatment during the coronavirus (COVID-19) Pandemic. This document provides additional guidance to supplement ‘The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic’, which was published in April 2020. It includes guidance on: testing someone who lacks the relevant mental capacity; providing life-saving treatment to someone who lacks the capacity to consent; hospitals and care homes; and using emergency public health powers when someone who lacks relevant capacity needs to be isolated because they have symptoms and are not following public health advice. [First published 29 May 2020; last updated 12 January 2021]

This paper, which is aimed at those working in hospital settings as well as local authorities, seeks to provide a summary of the law governing situations where an individual is potentially deprived of his or her liberty in hospital. The paper has been entirely updated from the earlier version (dating from June 2015), in particular to take into account the decision of the Court of Appeal in Ferreira (R (LF) v HM Senior Coroner for Inner South London & Ors [2017] EWCA Civ 31), which has significantly changed the approach to take to deprivation of liberty where physical healthcare needs are being met in the hospital setting.

Information about the Deprivation of Liberty Safeguards (DOLS) –
an amendment to the Mental Capacity Act 2005 (MCA).

This resource describes good practice in the management and implementation of the Deprivation of Liberty Safeguards (DoLS; the Safeguards).

MCA compliance records audit forms, including screening steps.

This leaflet explains what it means to be on a standard DoLs and what are the rights of care home residents and hospital patients.

A quick guide to the Deprivation of Liberty Safeguards, looking at the use of DoLS, the role of the Managing Authority, what to do when a deprivation of liberty is identified, what happens when an application is made, the roles of the Supervisory Body and the Relevant Persons Representatives, and what happens when an authorisation ends.

This factsheet is aimed at service users and is about making sure people are safe in hospital and get the medical care they need. It includes illustrative examples of making decision about capacity and deprivation of liberty.