Deprivation of Liberty Safeguards (DOLS)

Some hospital patients and care home residents may need to be deprived of their liberty for treatment or care.

People who suffer from a disorder or disability of the mind, such as dementia or a profound learning disability, and who lack the mental capacity to consent to the care or treatment they need, should be cared for in a way that does not limit their rights or freedom of action.

The Deprivation Of Liberty Safeguards (DOLS) are part of the Mental Capacity Act and they strengthen the rights of hospital patients and those in care homes, as well as ensuring compliance with the European Convention on Human Rights (ECHR).

The MCA DOLS apply to anyone:

aged 18 and over
who suffers from a mental disorder or disability of the mind – such as dementia or a profound learning disability
who lacks the capacity to give informed consent to the arrangements made for their care and / or treatment and
for whom deprivation of liberty (within the meaning of Article 5 of the ECHR) is considered, after an independent assessment, to be necessary in their best interests to protect them from harm.

The safeguards are designed to:

make sure people can be given the care they need with the least restrictions
make sure that staff who decide to deprive vulnerable people of their liberty have a set process to go through
provide safeguards for vulnerable people
provide vulnerable people (and their carers) with the right to challenge unlawful detention
avoid unnecessary bureaucracy

You can find out more about DOLS in the documents below.