Deprivation of Liberty Safeguards (DoLS)

If you think that someone you know is being deprived of their liberty without authorisation in a care home, hospital or other care setting, contact the Deprivation of Liberty Safeguards (DoLS) Coordinator.

The Deprivation of Liberty Safeguards (DoLS) protect the human rights of people who need to be deprived of their liberty to be safely cared for. DoLS are part of the Mental Capacity Act 2005.

They make sure that people are only deprived of their liberty when it is necessary and within the law. Being 'deprived of their liberty' means stopping them from doing things they want to do. Sometimes, people may need to be deprived of their liberty to safely give them care or treatment. 

DoLS set out a standard process that must be followed by hospitals, nursing homes and care homes. Below, we have explained in what circumstances DoLS would apply.

When DoLS apply

DoLS apply if:

• the person is 18 years old or over, and
• they are in hospital, a residential care home, or a nursing care home, and
• the care provider thinks it will be necessary to deprive them of their liberty to deliver their care plan (the care plan must be essential to meet their needs and in their best interests), and
• they cannot make decisions for themselves because of their disability or illness (this is known as 'lacking capacity'), and
• they cannot consent to being there or leave without authorisation, and
• they are restricted or under continuous supervision

The charity Mind have an online guide on deprivation of liberty, and an online guide on mental capacity. The government have published an easy read guide to the Mental Capacity Act 2005.

Application and authorisation process

Local authorities have responsibilities for assessing and authorising deprivation of liberty applications for hospitals, nursing homes and care homes. West Berkshire Council is the supervisory body for DoLS applications in care/nursing homes and hospitals for people 'ordinarily resident in West Berkshire'.

Someone is 'ordinarily resident in West Berkshire' if:

• they are self-funding their care in a nursing home or care home located in West Berkshire
• their care is funded by West Berkshire Council, regardless of the location of the home

We authorise deprivation of liberty applications if we are satisfied that all of the statutory assessment requirements have been met.

You can find information about DoLS and authorisation, with examples, on the Social Care Institute for Excellence (SCIE) website.

If someone is deprived of their liberty in other settings

If a person is deprived of their liberty in other settings, such as supported living, only the Court of Protection can authorise those deprivations.

In these circumstances, local authorities should coordinate assessments and applications to the Court of Protection. For these applications, contact our Adult Social Care team.

DoLS resources

You can find standard forms used by managing authorities and supervisory bodies online.