Deprivation of Liberty Safeguards (DoLS)
The MCA Deprivation of Liberty Safeguards (DoLS) were introduced on 1 April 2009. DoLS also safeguards people for whom the care regime would amount to a deprivation of their liberty and such a deprivation would be in their best interests.
Eligibility for DoLS
To be eligible for DoLS authorisation a person must be 18 years of age or over, be suffering from a mental disorder and the person must lack the capacity to consent to be admitted to or remain in a hospital or care home.
The person cannot be subject to a DoLS authorisation if they are (or could be) detained under the Mental Health Act (MHA) – 1983, or subject to a requirement under that Act that could conflict with the DoLS authorisation (for example Guardianship or a Community Treatment Order).
It must be in the person’s best interests to be subject to a DoLS authorisation.
The authorisation cannot conflict with a valid decision by a holder of a Lasting Power of Attorney or a court appointed deputy. It is not for the purpose of giving treatment that would conflict with a valid and applicable advance decision.
If you have any questions regarding DoLS regulations, please contact the DoLS office.
DoLS authorisation processes
There are two types of DoLS authorisations: Urgent Authorisation and Standard Authorisation.
If the person is currently being deprived of their liberty or if the need to deprive is so urgent that it cannot wait, then an Urgent Authorisation is required. This is made by the hospital or care home and it is valid for up to seven calendar days.
A Standard Authorisation must be made for people who will be deprived of their liberty within the next 28 calendar days. It is made by the hospital or care home where the person will be residing when the standard authorisation comes into force.
All requests under the Deprivation of Liberty Safeguards are managed by the Islington DoLS office. Both the Standard and Urgent Authorisation forms can be found under related documents below.
Contact the DoLS office
If you are concerned that someone is being deprived of their liberty in a care home or hospital, please contact the Deprivation of Liberty Safeguards office by email email@example.com or you can call the DoLS office on 0207 527 3828.
We can also provide further information about the Mental Capacity Act and the Deprivation of Liberty Safeguards regulations.