Deprivation of liberty safeguards

The Mental Capacity Act (MCA) (2005) Deprivation of Liberty Safeguards (DOLS) provides legal protection where a vulnerable person needs to be deprived of their liberty. For the purpose of providing care or treatment in their best interests and to keep them from harm.

People with dementia, a learning disability or acquired brain injury are the groups most likely to be affected.

The Deprivation of Liberty Safeguards came into force in April 2009 and is there to protect:

• People 18 years and over who live in England and Wales
• People who have a mental disorder and lack capacity to consent to arrangements being made for their care or treatment and
• People who live in a registered care or nursing home or
• A patient at a hospital

The Deprivation of Liberty Safeguards directs that for the purposes of the legislation the following organisations are classified as managing authorities and have statutory responsibilities:

• Care homes
• Care Homes with nursing
• Acute hospitals, independent hospitals

A managing authority must make a referral to the supervisory body in order to lawfully deprive a person of their liberty. There are forms available for this purpose.

Primary care trusts and local authorities are supervisory bodies who are responsible for overseeing DOLS at a local level. Salford City Council hosts all DOLS operation by way of an authorised collaborative working agreement. All DOLS enquiries and referrals should be made to the adult safeguarding unit.

Remember that:

• DOLS should only be authorised where it is in the person’s best interests and the only way to keep them safe from harm
• DOLS should be for the shortest time possible
• The Codes of Practice for the Mental Capacity Act (2005) AND Deprivation of Liberty Safeguards have statutory force, which means that certain people are under a legal duty to have regard to them.

To find out more about DOLS or make an application for authorisation please contact the MCA/DOLS co-ordinator at the adult safeguarding unit.

Who to contact

Name

Elly Davis MCA/DOLS Co-ordinator

Address

Sandringham House
Castle Court
Windsor Street
Salford
M5 4DG
Map to this location

Telephone

0161 212 5734

Email

dols@salford.gov.uk

Fax

0161 212 4117

This page was last updated on 8 August 2011