Deprivation of Liberty Safeguards (DoLS)

DoLS was introduced under the MCA to protect rights and promote wellbeing of mentally incapacitated individuals (aged 18 or over) admitted to hospital or residing in care home. It authorises deprivation of of their liberties to provide high level of care and /or treatment provided it is in their best interests and no less restrictive alternatives are available.

This process involves six assessments:

• Age – Is the person aged 18 years or over?
• Mental health – Does the person have a ‘mental disorder’?
• Mental capacity – Does the person lack ‘capacity’ (the ability) to make their own decisions about treatment or care in the place that is applying for the authorisation?
• Best interests – Is a deprivation of liberty taking place? If so, is it:
  – in the person’s best interests?
  – needed to keep the person safe from harm?
  – a reasonable response to the likelihood of the person suffering harm (including whether there are any less restrictive options and if they are more appropriate)?
• Eligibility – Is the person already liable to detention under the Mental Health Act 1983, or would they meet the requirements for detention under this Act? 
• No refusals – Does the authorization contradict or conflict with any advance decision the person has made refusing treatment, or with any decisions made by, for example, a court-appointed deputy or someone with Lasting power of attorney?