The deprivation of liberty safeguards (DoLS) comes under the Mental Capacity Act.
They apply to people who lack mental capacity who live in a:
- hospital
- care home
- nursing home
A person should not be deprived of their liberty unless the legal process has been followed and they must be able to appeal. The DoLS are there to make sure this happens.
What is a deprivation of liberty?
A person is deprived of their liberty if they:
- lack capacity to make a decision about where they are living and their care needs
- are subject to a high level of supervision and control
- are not free to leave the hospital or care home permanently
- have any state involvement in their care e.g. funding of the placement or hospital, or being regulated by the Care Quality Commission
The deprivation of liberty must be authorised by us as the Supervisory Body.
The hospital or care home should apply for DoLS authorisation. They should do this before the person moves into their care if possible.
For more information, see:
- SCIE - Deprivation of Liberty Safeguards at a glance
- The Law Society guidance on the law relating to the deprivation of liberty safeguards
GOV.UK: Mental capacity act 2005: deprivation of liberty safeguards
Request a DoLS authorisation
Care homes and hospitals can request a:
- standard authorisation
- urgent authorisation (7 days)
- further standard authorisation and 7 day urgent extension
The urgent authorisation now includes the 7 day extension. This gives you 14 days including the day you apply.
Which authority to apply to
Make sure you apply to the correct local authority. If the person is:
- self-funding or homeless, apply to the local authority in your area
- being paid for by another local authority, apply to that local authority
- paid for by NHS continuing healthcare, apply to the local authority that they lived in
Apply to Dorset Council
If you have a question, call 01305 225650.
Apply to Bournemouth, Christchurch and Poole
If you have a question, call 01202 118700.