If you think someone you know is being cared for in a way that is depriving them of their liberty and the deprivation is not authorised the first step is to approach the staff who are looking after them.  

Ask if care could be given in a way that is less restrictive and, if not, ask if they have taken the necessary steps to request a DOLS assessment. 

If an authorisation is in place for the person you know, but you think the level of restriction exceeds that which is authorised, you are also entitled to query this. In such a case, a review may be necessary. 

In either of the circumstances, if you have made efforts to correct things with the care home or hospital but remain concerned about the care arrangements, you can contact the DoLS team to discuss your concerns further.  

The matter will be investigated formally, and you will be informed of the action that follows. 

Find out more information 

• Download Deprivation of Liberty Safeguards fact sheet
• Mental capacity act 2005: deprivation of liberty safeguards (GOV.UK)
• Alzheimer’s Society is the only UK charity that campaigns for change, funds research to find a cure and supports people living with dementia today.
• Court of Protection make decisions on financial, or welfare matters for people who can’t make decisions at the time they need to be made they lack mental capacity.
• The Social Care Institute for Excellence (SCIE) provides more information about Deprivation of Liberty Safeguards (DoLS).
• Age UK factsheet (PDF) The Deprivation of Liberty Safeguards
• Alzheimer's Society factsheet (PDF) Deprivation of Liberty Safeguards
• IMCA and paid relevant person's representative roles in the MCA DoLS

If Dols is authorised, you should:

• comply with any conditions attached to an authorisation
• monitor whether the relevant persons representative maintains regular contact – Inform the supervisory body (Local authority who completed the DoLS authorisation) if you have any concerns
• involve the Representative in any decision which needs to be made about the persons care
• inform the supervisory body of any change in circumstances where a review of the current authorisation may be required
• before the current authorisation expires, consider whether a further DoLS authorisation will be required; the request for this should be submitted 28 days before expiry date
• keep clear records for governance and inspection
• inform CQC about the authorisation

Your responsibilities as the managing authority

• ensure all care planning includes whether the person has capacity to consent to their care and treatment, including any restrictions and restraints placed on them
• ensure the relevant people involved in the person care are aware of the decision and that records are updated
• ensure any recommendation regarding changes to care practice are carried out
• keep the situation under constant review if the level of restriction/restraint is increased consider again whether or not the circumstances could result in a deprivation of liberty

If you are from the care home or hospital and believe that a person in your care is being deprived of their liberty and does not have mental capacity regarding this, then you can apply for a DoLS authorisation.

DoLS Online Applications

• please note that the link takes you to a DoLS online applications landing page via the Login or Register page
• please choose the "New - Apply for a first time DoLS authorisation or an authorisation where the previous one has already expired" form

Guidance for submitting the form

The application starts with a Standard authorisation which will mean that the assessments have 21 days to be completed. 

In exceptional cases only should any urgent authorisation also be requested. There is a section of the online form for granting an urgent authorisation – if this section is completed then you have put an urgent authorisation in place which will allow detention for up to 7 calendar days (includes the date it is signed). 

As well as providing basic information about the person you need to provide details of:

• the care and treatment you are providing
• the nature of the restrictions that you think may deprive them of their liberty
• why the care cannot be provided in a way that is less restrictive
• what alternatives have been considered
• what harm the person is likely to come to if the restrictions are not in place

Once you have completed the form you will be sent an automated email stating that we have received the application.

In addition, should an authorisation be granted you should be sent a reminder that the DoLS needs to be renewed 28 days prior the DoLS expiring. This will be sent to the email that you provide at registration.

If you are from the care home or hospital and a person in your care has a current DoLS authorisation which is expiring within 28 days, and you believe that they are still being deprived of their liberty, then you can apply for a renewal of the DoLS authorisation.

Please note that the link takes you to a DoLS online applications landing page via the Login or Register page

DoLS Online Applications

• please choose the "Renew – Apply for a further standard authorisation where the current authorisation will expire within 28 days" form

Should an authorisation be granted you should be sent a reminder that the DoLS needs to be renewed 28 days prior the DoLS expiring. This will be sent to the email that you provide at registration.

If you put an urgent authorisation in place and this is about to expire before a DoLS authorisation has been completed by the Local authority, then you may apply once only for the urgent authorisation to be extended for a further 7 days.

Please note that the link takes you to a DoLS online applications landing page via the Login or register page.

DoLS Online Applications

• please choose the "Extension - Apply for an extension to an urgent authorisation" form

A review of a current DoLS authorisation can be applied for where:

1. the person no longer meets one of the requirements
2. the reason why they meet one of the requirements is different
3. there has been a change in the person’s circumstances and the conditions need to be varied

Please note that the link takes you to a DoLS online applications landing page via the Login or Register page.

DoLS Online Applications

• please choose the "Review – Apply for a review of a current DoLS authorisation" form

This is for use where there is current authorisation in place and has more than 28 days left.
If you are not sure whether to apply for a review, then please contact the DoLS team to discuss the case.

Please note that the link takes you to a DoLS online applications landing page via the Login or Register page.

DoLS Online Applications

• choose the "Cease – a DoLS authorisation" form

Liberty Protection Safeguards (LPS) is the replacement for Deprivation of Liberty Safeguards which was introduced in the Mental Capacity (Amendment) Act 2019. It is intended to be used in future to authorise arrangements which amount to a deprivation of liberty for a person who lacks mental capacity regarding the care or treatment that they are receiving. There is no date for implementation at this time.

For information regarding Liberty Protection Safeguards, please see the following links: 

• Liberty Protection Safeguards (LPS) | SCIE
• Changes to the MCA Code of Practice and implementation of the LPS - GOV.UK
• Changes to the law and guidance about making your own decisions (easy read) - GOV.UK
• The LPS and care providers – Mental Capacity Law and Policy