Deprivation of Liberty Safeguards

Some people living in hospitals and care homes can't make their own decisions about their treatment and/or care because they lack the mental capacity to do so. They need more care and protection than others to ensure they don't suffer harm. Treating and caring for people who need extra protection may mean restricting their freedom to the point of depriving them of their liberty.

The European Court of Human Rights has said that the rights of people who can't make decisions and who need to have their liberty taken away in hospitals and care homes must be strengthened.  A person's liberty should not be taken away if it can be avoided, and never without a proper procedure being followed or the right to appeal. 

The Council and NHS have worked together to set up a new Deprivation of Liberty Safeguards Team. This team is responsible for arranging assessments that are needed before any deprivation is authorised.

In the past, The European Court of Human Rights has found the following factors in a person's care were a deprivation of liberty:

• Restraint is used, including sedation, to admit a person to an institution where that person is resisting admission
• Staff exercise complete and effective control over the care and movement of a person for a significant period.
• Staff exercise control over assessments, treatment, contacts and residence.
• A decision has been taken by the institution that the person will not be released into the care of others, or permitted to live elsewhere, unless the staff in the institution consider it appropriate.
• A request by carers for a person to be discharged to their care is refused.
• The person is unable to maintain social contacts because of restrictions placed on their access to other people.
• The person loses autonomy because they are under continuous supervision and control.

No two cases are alike, and the above should be taken as indicators.  Each case must be assessed in its own right, so there can be no definitive list.  Future cases of deprivation may be found in wholly new areas not described above.

Who do the Deprivation of Liberty Safeguards (DoLS) apply to?

• The Safeguards are for people who are aged 18 and over
• The person who may have their liberty restricted must have a mental disorder or a disability that affects their thinking or understanding.
• They apply to people being cared for in NHS or private hospitals, and care homes that are registered under Part 2 of the Care Standards Act 2000. These are known as 'Managing Authorities'.
• They apply whether the person is self-funding, County Council or NHS funded.
• They do not apply to anyone who, at that time, is detained under the Mental Health Act 1983.

What is the process?

The Adult Protection Team will organise a series of assessments when it receives a request for authorisation or a report that a deprivation of liberty may already be taking place.

These assessments are carried out by specially trained and qualified staff from the NHS and Adult Care Services. All these assessments have to confirm that the care measures proposed or taking place are in fact a deprivation of liberty and are:

• for a person who lacks capacity to make decision on their care;
• necessary to prevent harm to them;
• the least restrictive way to keep the person safe;
• in their best interests, considering their stated wishes and beliefs, and those of people close to them;
• Legal and compatible with other care legislation.

Find out more

 More information for Service Users and Carers

This section contains advice for anyone who may be subject to a deprivation of liberty, their family and friends.  It also has advice for you if you think you know of someone who is being deprived of liberty. 

These pages have links to advice leaflets produced by the Department of Health.  There is also advice for anyone appointed to the specific role of Representative for anyone who is deprived of liberty.

 Guidance for Managing Authorities 

These pages contain guidance for the managers of care homes and hospital wards where a person may need depriving of their liberty in order to provide them with care.

This covers the forms that are needed for requests to be made, and some advice on filling them in correctly.  There are also plenty of links to information and advice.

There is also selection of fictionalised Case Examples, drawing on issues from real assessments carried out by the Adult Protection Team.  It is hoped that these will help to explain when and how the Safeguards are used in practice.

Contact Us

If you have difficulty submitting a form, please contact the Access Centre in the first instance, on 01905 768058.

The fax number for care home and hospital staff to submit forms is 01905 768056.

If you have questions or queries about DoLS please do not hesitate to contact the DoLS Team directly.

You can e-mail us on DoLS@worcestershire.gov.uk

If you have any questions or need advice on Adult Social Care, please call 0845 607 2000