Deprivation of Liberty (DoLs)

The Deprivation of Liberty Safeguards (DoLs) apply to people aged 18 and over in hospitals or care homes who lack the mental capacity to decide to be there.  People likely to be affected are those with learning disabilities, those with dementia, or for example an injury which could have damaged their brain on a permanent basis.

Following the March 2014 Supreme Court rulings a definition of how deprivation of liberty can be described was formulated.  In terms of If the person is:

• Not free to leave, and
• Subject to continuous or complete supervision and control

... they will most likely be deprived of their liberty.

Many people in hospitals and care homes may have their liberty restricted, but not all will be deprived of their liberty.  Links to further information and forms used by care homes and hospitals can be found here.

DoLs outside of care home and hospital settings

A deprivation of liberty can happen in any setting.  Someone could be cared for in their own home or supported living for example.  The person’s care and treatment arrangements may also be subject to similar or the same restrictions which arise in a care home or hospital; which amounts to a deprivation of liberty.  The Supervisory Body (DoLs Team) cannot be used to authorise a DoLs outside of a care home or hospital setting and all authorisations are authorised by the Court of Protection.

DoLs for those under the age of 18 years of age

If a Young Person or Child is either 16-17 or under the age of 16 a DoLs may apply in some situations.  Even if a Young Person for example resides in a registered care home as long as they are under 18 years of age, the DoLs cannot be authorised by the Supervisory Body.  In this instance a DoLs could be authorised by either the Family Court or Court of Protection, depending upon the Young Person or Child’s circumstances.  In all instances if an adult, Young Person or Child’s circumstances might amount to a deprivation of liberty you must seek advice from the funding authority or where they are  deemed to be ordinary resident.

*Please note the current DoLs legislation is due to be replaced by the Liberty Protection Safeguards which will apply to all settings and for those aged 16 years of age and over.  At present we are awaiting the Department of Health and Social Care to issue a revised implementation date.  Information from the Department of Health and Social Care can be found here.