Deprivation of Liberty Safeguards (DoLS)

1. The Liberty Protection Safeguards will have three main assessments
2. Greater involvement for families
3. Targeted approach
4. Extending the scheme to 16 and 17-year-olds
5. Extending the scheme to domestic settings
6. Responsible Bodies

 The Liberty Protection Safeguards will have three main assessments:

1. a capacity assessment
2. a ‘medical assessment’ to determine whether the person has a mental disorder
3. a ‘necessary and proportionate’ assessment to determine if the arrangements are necessary to prevent harm to the person and proportionate to the likelihood and seriousness of that harm

The assessment process will be embedded into existing care planning (for example under the Care Act 2014 or in care or support plans in different settings) and it will be easier to use existing valid assessments, where reasonable and appropriate.

Local authorities and NHS bodies will be ‘Responsible Bodies’ under the Liberty Protection Safeguards. Responsible Bodies will organise the assessments needed under the scheme and ensure that there is sufficient evidence to justify a case for deprivation of liberty. Ultimately, the Responsible Body is responsible for authorising any deprivation of liberty in certain settings.

Greater involvement for families

There will be an explicit duty to consult those caring for the person and with those interested in the person’s welfare. There will be an opportunity for a family member or someone else close to the person, if they are willing and able, to represent and support the person through the process as an “appropriate person”. Family members or others close to the person will also be able to raise concerns throughout the process and in response to any authorisation.

Targeted approach

Where it is reasonable to believe that a person would not wish to reside or receive care or treatment at the specified place, or the arrangements provide for the person to receive care or treatment apply mainly in an independent hospital, the case must be considered by an Approved Mental Capacity Professional (AMCP). This provides an additional protection.

The AMCP will review the information on which the Responsible Body relies, meet with the person if appropriate and practicable, and complete consultation if appropriate and practicable with:

• the person
• anyone named by the person as someone who should be consulted
• anyone engaged in caring for the person
• anyone interested in the person’s welfare
• any attorney of a lasting power of attorney (LPA) or an enduring power of attorney (EPA)
• any deputy appointed by the Court of Protection
• any appropriate person
• any independent mental capacity advocate (IMCA)

Extending the scheme to 16 and 17-year-olds

Currently, when a 16 or 17-year-old needs to be deprived of their liberty, an application must be made to Court of Protection. Under the Liberty Protection Safeguards, Responsible Bodies can authorise the arrangements without a Court order. This will deliver more proportionate decision-making about deprivation of liberty and minimise potential distress and intrusion for young people and their families.

Extending the scheme to domestic settings

The Liberty Protection Safeguards will apply to individuals residing in domestic settings who need to be deprived of their liberty. Domestic settings include:

• the person’s own home and family home
• shared lives
• supported living

This change ensures that all individuals who need to be deprived of their liberty will be protected under the Liberty Protection Safeguards, regardless of where they reside, without the need to go to court.

Responsible Bodies

Under LPS, the Responsible Body will authorise arrangements that amount to a deprivation of liberty to enable care or treatment. Which organisation is the Responsible Body will vary according to where the arrangements are mainly carried out.

Where arrangements are mainly carried out in an NHS hospital in England, in most cases the Responsible Body will be the hospital trust. 

Where arrangements are mainly carried out in an independent hospital, in England, the Responsible Body will be a local authority. The responsible local authority will usually be the authority meeting the person’s care and support needs, for example under the Care Act 2014. Otherwise, the Responsible Body will be the local authority where the hospital is located. 

If the arrangements are not mainly being carried out in a hospital, and instead are being carried out mainly through NHS continuing healthcare (CHC) ,the Responsible Body will be the relevant clinical commissioning group.

In any other case, the Responsible Body will be a local authority.  The responsible local authority will usually be the authority meeting the person’s care and support needs, or, if no local authority is meeting the person’s needs, the authority in which the arrangements are mainly being carried out.