Deprivation of Liberty Safeguards (DoLS) - Print version

The Deprivation of Liberty Safeguards (DoLS) will be replaced by the Liberty Protection Safeguards (LPS).  The new scheme will see some key changes including, extending the scheme to cover 16 and 17-year-olds, extending the scheme to cover domestic settings and greater involvement for families. To find out more about LPS you can visit the Liberty Protection Safeguards website [https://www.gov.uk/government/publications/liberty-protection-safeguards-factsheets]. Until the new scheme comes into force the Deprivation of Liberty Safeguards outlined in the next few pages still apply.

An outline of the Safeguards

What are the Deprivation of Liberty Safeguards (DoLS)?

People who lack capacity in hospitals and care homes are now protected by the Deprivation of Liberty Safeguards introduced as an amendment to the Mental Capacity Act 2005 [/info/151/mental_health/417/mental_capacity_act]. A care home or hospital (known as a 'Managing Authority') must apply for permission to the local authority (known as a 'Supervisory Body') if they need to deprive someone of their liberty for their own safety or well-being.

Who will be protected by DoLS?

The DoLS apply to people who are 18 years of age or over in hospitals and care homes who meet all of the following criteria. The person concerned (known as a 'relevant person') must:

• Have a mental disorder or disability of mind such as dementia or a learning disability
• Lack the capacity to consent to the arrangements being made for their care or treatment
• Need to receive care or treatment in circumstances that amount to a deprivation of liberty

A large number of these people will be those with significant learning disabilities, or older people who have dementia or some similar disability, but they can also include those who have certain other neurological conditions (for example as a result of a brain injury).

How will the safeguards provide protection?

The safeguards only make it lawful for a person to be deprived of their liberty, based on a rigorous, standardised assessment and authorisation process. It gives people the right to challenge any decision to deprive them of liberty, a representative to act for them and protect their interests and the right to have their status reviewed and monitored on a regular basis.

How does the DoLS process work?

If a hospital or care home feels that they need to deprive someone of their liberty to keep them safe from harm, they must apply for permission to the relevant 'Supervisory Body' (in Coventry this is Coventry City Council). This triggers a series of six assessments carried out by trained assessors.

The following will be assessed:

• The deprivation of liberty is in the person's best interests to protect them from harm and is a reasonable response to the likelihood of the person suffering harm and the likely seriousness of that harm.
• The person must be over 18 years of age
• The person must have a mental disorder or disability of mind
• The person must not be detained as a hospital in-patient under the Mental Health Act or the proposed authorisation must not be inconsistent with an obligation placed on them under the Mental Health Act
• The person must lack the capacity to consent to their own care or treatment
• The authorisation must not conflict with an advance decision made by the person; or valid decision made on the person's behalf by a donee of a Lasting Power of Attorney or a deputy appointed for the person by the court.

Only if all these criteria are met will an authorisation be granted. At any stage, the person or their representative will be able to appeal against their deprivation of liberty to the Court of Protection. In an emergency, the hospital or care home can issue an urgent authorisation, for seven days, which speeds up the normal process of authorisation.

What is Deprivation of Liberty?

On 19 March 2014, the Supreme Court handed down its judgement in the case of "P v Cheshire West and Chester Council and another" and "P and Q v Surrey County Council".

The judgement is important for deciding whether arrangements made for the care and/or treatment of an individual who might lack capacity to consent to those arrangements amount to a deprivation of liberty: it has widened and clarified the definition of deprivation of liberty.

A deprivation of liberty in such a situation must be authorised in accordance with one of the following legal regimes: a Deprivation of Liberty authorisation or Court of Protection order under the Mental Capacity Act Deprivation of Liberty Safeguards, or (if applicable) under the Mental Health Act 1983. The Supreme Court clarified how deprivation of liberty can be described. They said there is now a more straightforward way to work this out.

If the person is:

• Lacking the mental capacity to agree to their residence and care arrangements
• Not free to leave and
• Subject to continuous supervision and control

they will most likely be deprived of liberty.

Many people in hospitals and care homes may have their liberty restricted but not all will be deprived of their liberty.

Deprivation of liberty in other settings

A deprivation of liberty can happen in any setting. Someone could be cared for in their own home including sheltered housing and supported living, in circumstances that are the same as described above. The safeguards cannot be used to authorise this however and these cases will need to be referred to the Court of Protection.

Information for families, friends and unpaid carers

If you are a family member, friend or unpaid carer of a vulnerable person and would like to know more about the Deprivation of Liberty Safeguards (DoLS) legislation, there are many useful sources of information available.

AGE UK has produced a guide which looks at the safeguards in detail [http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS62_Deprivation_of_Liberty_Safeguards_fcs.pdf?dtrk=true]. It explains who is protected by Deprivation of Liberty Safeguards (DoLS) and why, what deprivation of liberty means, and what protection is now given by law to vulnerable people in care homes and hospitals.

Challenging unlawful deprivation of liberty

If you believe that your family member or friend is being deprived of their liberty unlawfully, immediately discuss your concerns with the care home or hospital. Concerns can be raised verbally or in writing. 

If the matter cannot be resolved informally, then please contact the DoLS Service, either by telephoning or in writing, for more information on how to proceed.

Carers' Assessments

As a carer you may be entitled to a carer's assessment [/info/76/carers_support/2456/carers_assessment] in your own right.

Information for Managing Authorities

The Deprivation of Liberty Safeguards legislation will change to become the Liberty Protection Safeguards (implementation date not known). Managing Authorities and Supervisory Body roles and functions will change as a result of the new legislation. You can start to get up to date with these changes by accessing websites such as that provided by SCIE [https://www.scie.org.uk/mca/lps/latest/]. and the UK Government's LPS Factsheets site [https://www.gov.uk/government/publications/liberty-protection-safeguards-factsheets]

Until then please continue to use the procedure outlined below.

Coventry Supervisory Body has created a Managing Authority procedure for care homes and hospitals [https://www.coventry.gov.uk/downloads/file/25550/managing-authority-procedure-flowchart-for-care-homes-and-hospitals]. This document provides information about the processes you must follow when making an application.

Before making an application, you may wish to refer to the Supervisory Body briefing note [https://www.coventry.gov.uk/downloads/download/7065/briefing-for-managing-authorities] as a way of deciding whether an application is necessary.

How to make an application – forms for Managing Authorities

Applications to the DoLS Service should be made as follows: 

Applications must be emailed to the administrator at dolsadmin@coventry.gov.uk [mailto:dolsadmin@coventry.gov.uk]

View all forms [https://www.coventry.gov.uk/downloads/download/3474/deprivation-of-liberty-safeguards-dols-forms]

• Form 1 - to request a DoLS authorisation [/downloads/file/16015/request_a_dol_authorisation]
• Form 2 - to request the renewal of an existing DoLS authorisation [https://www.coventry.gov.uk/downloads/file/16016/request_a_further_dol_authorisation] Note: if a person's DoLS has expired, a Form 1 is required.
• Form 9 - to end a DoLS authorisation [https://www.coventry.gov.uk/downloads/file/16018/request_a_dol_is_ended]. Note: Managing Authorities have a responsibility to inform the DoLS Team when a person subject to a DoLS authorisation moves, or passes away.
• Form 10 - to request a review of, or to cease, an existing DoLS authorisation. [https://www.coventry.gov.uk/downloads/file/16019/request_a_review_of_a_dol] Note: The DoLS Code of Practice [https://www.coventry.gov.uk/downloads/download/7063/dols-code-of-practice] provides detailed guidance on whether a review should be requested. This can include, but is not limited to:
  • Significant changes in care arrangements
  • Any changes to restrictions in place, or new restrictions added
  • The person no longer meets the eligibility criteria
  • The deprivation is no longer in the person's best interest
     
• Managing authorities also have a responsibility for ensuring that the relevant person's family, friends and carers are informed that an application for a Deprivation of Liberty Authorisation has been made, unless it is impractical or impossible to do so.

Independent Mental Capacity Advocacy Service (IMCA)

Managing Authorities (Care Homes or NHS Hospitals) and Supervisory Bodies (Local Authorities) have a duty to consult an IMCA when assessing a potential Deprivation of Liberty if there are no appropriate family or friends to consult about the decision. In some situations it may also be appropriate for an IMCA to be requested to offer support to the person deprived of their liberty, or their Relevant Person’s Representative after an authorisation has been granted.

The DoLS IMCA will ensure that all relevant factors, including the individual’s wishes and feelings are taken into consideration, by those making decisions about whether or not to grant a deprivation of liberty. If an authorisation has been granted the IMCA can support the person deprived of their liberty or their Representative to understand what DoLS mean and how it is affecting them. They can also support the person or Representative to challenge the authorisation if appropriate.

In Coventry the DoLS IMCA service is provided by ‘VoiceAbility [https://www.voiceability.org/]’. Visit the VoiceAbility website for more information about the service.

Contact details

VoiceAbility Coventry & Warwickshire
Mount Pleasant House, Cambridge, Cambridgeshire CB3 0RN
Telephone:  +44(0)1223 555800
E-Mail: imca@voiceability.org [mailto:imca@voiceability.org]

Notifying others

Care Quality Commission (CQC)

Once a person has been assessed by the DoLS team and an authorisation decision made or you make a decision to withdraw an application then you must inform the CQC, this is done via the relevant CQC Notification Form.

Forms and guidance for providers about making statutory notification are available on the CQC Notifications website [http://www.cqc.org.uk/content/notifications].

A short film [https://www.edgetraining.org.uk/edgefilms?pgid=kq0rcbam-7a554f84-d522-487b-8b01-3f86c4af0714] to explain the duty on care homes to inform people under DoLS of their rights.

If in doubt please contact the DoLS Team.

Liberty Protection Safeguards

Latest News: [https://www.gov.uk/government/collections/mental-capacity-amendment-act-2019-liberty-protection-safeguards-lps] In April 2023 in a letter to all stakeholders the Government announced that Liberty Protection Safeguards would be delayed beyond the life of this Parliament.  This decision was taken in the wake of the Governments plans for social care reform and prioritising work on social care set out in the publication Next Steps to Putting People at the Heart of Care. Whilst the delay is disappointing, Deprivation of Liberty Safeguards an important system for authorising the Deprivation of Liberty and we will continue to make applications in line with the Mental Capacity Act (2005) to ensure that the rights of those lack relevant capacity are protected. 

The Liberty Protection Safeguards (LPS) when implemented will provide protection for people aged 16 and above who are, or who need to be, deprived of their liberty in order to enable their care or treatment and who lack the mental capacity to consent to their arrangements. 

People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity.

What is a Deprivation of Liberty?

A person who lacks capacity to stay in a place for care or treatment and is subject to restrictions to prevent them from coming to harm. The restrictions in place mean the person is: subject to complete supervision and control AND not free to leave .

Application in different settings

LPS will apply to a deprivation of liberty, for a person aged 16 and above, in any setting in England and Wales. That includes:

• care homes - registered care homes in which care is provided (in this instance the person must be 18 and above)
• NHS hospitals - a health service hospital that is part of the national health service
• education facilities - including day and residential schools and sixth form colleges
• independent hospitals - a hospital that is not an NHS hospital, for example one run by a private company or a charity
• a person's own home - when a person is receiving care or treatment in their own home. This includes:
  • supported living - services designed to help individuals with disabilities keep their independence in their local community
  • shared lives - carers sharing their home and family life with individuals using a shared lives arrangement

An LPS arrangement might cover

• Where a person is to live in circumstances of restrictions - this can be in one or more places
• Where a person is to receive care or treatment in circumstances of restrictions - this can be in one or more places
• How a person is to be transported to a particular place , or places, to receive care or treatment in circumstances of restrictions.

Key changes introduced by the Liberty Protection Safeguards

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

 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 [https://www.legislation.gov.uk/ukpga/2014/23/contents/enacted]. 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.

Liberty Protection Safeguards - further information

More information about the Liberty Protection Safeguards can be found on the following websites:

• Social Care Institute for Excellence [https://www.scie.org.uk/mca/lps]
• GOV. UK - Liberty Protection Safeguards factsheets [https://www.gov.uk/government/publications/liberty-protection-safeguards-factsheets#history]

Guide to Deprivation of Liberty Orders (known as 'Community DoL')

Community Deprivation of Liberty (DoL)

Depriving a person of their liberty within a community setting for example in supported living, housing with care, residential schools, persons own home, This is referred to as Community DoL – the lawful authorisation of arrangements enabling care or treatment which give rise to a deprivation of liberty for the person.

We have developed information leaflets to explain this process to those for whom they may apply to and those who speak up for a person who lacks capacity to consent to restrictions on their freedom, when they are or may be deprived of their liberty in a community or domestic setting and a Court of Protection Deprivation of Liberty authorisation is being applied for.

Sometimes people need treatment or care from doctors, nurses or care workers. This care can be received in hospitals, care homes, supported living or in people’s own homes. This care should be delivered in a way that keeps people safe but does not unnecessarily restrict their freedom. The Mental Capacity Act 2005 is a law about what to do when people cannot make some decisions for themselves – Deprivation of Liberty Safeguards (DoLS) are part of this law. The courts have confirmed that the legislation covers not just residents of care homes and hospitals, but also people cared for in the community - for instance in supported living or their own homes.

What is a Deprivation of Liberty?

It is not always easy to identify a deprivation of liberty, but there are some essential components, including:

• The person must lack the mental capacity to independently decide where to live for their care and treatment
• The person is not free to leave
• The person is subject to ‘continuous supervision and control’

It is important to remember that just because the term ‘Deprivation of Liberty’ is used it does not mean that someone is doing something wrong – it may be essential to keep the person safe.

How are they authorised?

When the local authority becomes aware that someone might be deprived of their liberty in the community, they must apply to the Court of Protection (COP) for authorisation. The COP is a special court which can make decisions on financial or welfare matters for people who lack mental capacity to do this for themselves. In the majority of Community DoL applications there is no need for anyone to attend court, as the judge can usually make a decision based on the paper evidence alone.

How is an application made?

A worker from Coventry City Council will visit the person in their home to review the care arrangements. They will check that any restrictions are proportionate to the risk of harm. As a judge is going to be asked to agree the care plan, a lot of detail will need to be included in an application to the COP. The judge will want to know, as far as they possibly can, what the person themselves thinks. The judge will also want to know what family or close friends think about the arrangements. Once all the consultation has taken place and the allocated worker is sure that care and support is ‘least restrictive’ they will prepare an application to the COP.

What happens next?

The court will want to appoint a Representative for the person – if you are a family member or close friend you might be asked to do this. The Representative will be asked to write a statement – they can have help with this from the allocated worker. The court will want the Representative to be someone who will stay in touch with the person and be ‘in their corner’. There is a separate leaflet with more detail about the role of the Representative. Once the order is made it will usually be for one year, and then will be reviewed and renewed again if it is still needed. The idea of the Court of Protection being involved may seem daunting - but it is important to remember that it is essential to make sure that the person at the heart of the process is properly protected.

Download and print the Adult Social Care Guide to Deprivation of Liberty Orders (known as 'Community DoL') [https://www.coventry.gov.uk/downloads/file/41498/adult-social-care-guide-to-deprivation-of-liberty-orders-known-as-community-dol-]

Guide to Rule 1.2 Representatives

What is a Rule 1.2 Representative?

A Rule 1.2 Representative speaks up for a person who lacks capacity to consent to restrictions on their freedom, when they are or may be deprived of their liberty in a community or domestic setting and a Court of Protection Deprivation of Liberty (COPDoL) authorisation is being applied for.

What is a COPDoL authorisation?

A Court of Protection Deprivation of Liberty (COPDoL) authorisation is permission to deprive someone of their liberty.

Each COPDoL authorisation::

• Allows deprivation of liberty in a specific way for a specific period of time (normally one year before it needs to be reviewed again by the Court)
• Is unique to the individual
• Identifies restrictions that are in place

The authorisation may say that carers can, when necessary:

• Prevent a person from leaving the place where they are being given the care they need
• Keep a person under continuous supervision and control in their best interests, to protect them from harm

What does a Rule 1.2 Representative do?

The Rule 1.2 Representative writes a statement to explain whether they think that it is in the person’s best interests to have a package of care and support that would include depriving them of their liberty. This includes:

1. Weighing the pros and cons of the person's care and support package and comparing it with other available options.
2. Considering whether any of the restrictions are unnecessary, inappropriate or should be changed.
3. Informing the court about what the person has said, and their attitude towards the care and support package.

In short, the court is asking the representative, as someone who knows the person's position and will be in their corner, to consider whether from the perspective of the person's best interests they agree or do not agree that the Court should authorise the package of care and support.

The Court of Protection reads the statement to help them decide whether to authorise the deprivation of liberty.

Who can be a Rule 1.2 Representative?

• A friend or family member, who does the role unpaid
• A professional, such as an advocate, who is paid

A paid professional may be needed if there are no friends or family members suitable to do the role. As part of the authorisation process, the allocated worker from Coventry City Council, will identify who should take on the role of the Rule 1.2 Representative.

If the Court of Protection authorises the deprivation of liberty, the Rule 1.2 Representative must:

• Visit the person regularly to ask their views and wishes and see that they are being cared for well
• Check that the treatment and care provided is the least restrictive of their basic rights and freedom
• As far as possible, help the person to understand their authorisation and how it affects them
• Support them to exercise their rights if they want to do that

If necessary, the Rule 1.2 Representative may request a review of the authorisation or make an application to the Court of Protection to get the authorisation changed or ended. For example, this may be necessary if the person’s needs change, or the authorisation is not being followed properly.

Download and print  the Adult Social Care Guide to Rule 1.2 Representatives [https://www.coventry.gov.uk/downloads/file/41499/adult-social-care-guide-to-rule-1-2-representatives].