Deprivation of Liberty Safeguards (DOLS)
Deprivation of Liberty Safeguards (DOLS) exists to safeguard individuals when a deprivation of liberty is an unavoidable part of a best interests care plan. Individuals who are identified as potentially deprived of their liberty must be considered on a case-by-case basis and all appropriate steps taken to remove the risk of a deprivation of liberty where possible.
DOLS provide legal protection for those vulnerable people who are, or may become, deprived of their liberty within the meaning of Article 5 of the European Convention on the Human Rights (ECHR) in a hospital or care home, whether placed under public or private arrangements. The safeguards exist to provide a legal framework and protection in circumstances where deprivation of liberty appears to be unavoidable in a person’s best interests.
Following the Supreme Court Judgement 2014, there was a significant change in what may constitute a DOLS authorisation. Professionals must remember that DOLS authorisations and Court of Protection orders are rooted in the principles of MCA.
For further information of the Supreme Court Judgement please see our guidance notes below.
DOLS documentation to support the statutory process:
- DOLS form 1 - standard and urgent request form (DOCX, 182.5 KB)
- DOLS form 2 - further authorisation request (DOCX, 152.2 KB)
- DOLS form 3 - BIA combined assessments (DOCX, 188.2 KB)
- DOLS form 3a - BIA no deprivation (DOCX, 145.3 KB)
- DOLS form 4 - mental health eligibility capacity assessments (DOCX, 152.3 KB)
- DOLS form 5 - standard authorisation granted (DOCX, 155.0 KB)
- DOLS form 6 - standard authorisation not granted (DOCX, 149.0 KB)
- DOLS form 7 - suspension of standard authorisation (DOCX, 142.8 KB)
- DOLS form 8 - termination of representative (DOCX, 149.8 KB)
- DOLS form 9 - standard authorisation ceased (DOCX, 134.1 KB)
- DOLS form 10 - review request (DOCX, 153.1 KB)
- DOLS form 11 - IMCA referral (DOCX, 99.2 KB)
Dates for the Law and Policy module are 3, 4, 5, 6, 10, 11 and 12 April 2017. The law exam is on 8 May 2017. The Practice Placement module takes place between 2 May and 1 July with portfolio hand-in on 8 July 2016.
- Practice learning handbook (PDF, 323.1 KB) - Best Interests Assessor Module
- Module description (PDF, 48.1 KB) - Law and Policy for Best Interests Assessors
How to apply
Closing dates for application is 16 January 2017.
The Supreme Court provided a very important judgment on 19 March 2014 in relation to deprivation of liberty which is of major importance to social services and health departments. In both cases of Cheshire West and P&Q, the Supreme Court disagreed with the previous decisions of the Court of Appeal, and has declared that the living arrangements of all 3 individuals constitute a deprivation of liberty.
The Department of Health have issued a letter to all professionals and care providers involved with MCA and DOLS work.
- Supreme Court DOLS judgement (PDF, 325.8 KB)
- Supreme Court DOLS judgement - press summary (PDF, 134.3 KB)
Law guidance notes
- Kent Legal Services community care law update (PDF, 386.6 KB)
- Cheshire West: the Supreme Court decides
- Deprivation of Liberty in the Hospital Setting
- Deprivation of Liberty after Cheshire West: key questions for social workers and medical practitioners
- DOLS Code of Practice
- CQC Briefing for providers on the Deprivation of Liberty Safeguards
- Deprivation of Liberty safeguards leaflet - a guide for relevant person's representatives (PDF, 135.1 KB)
- Deprivation of Liberty safeguards leaflet - easy read (PDF, 941.1 KB)
- The Independent Mental Capacity Advocate (IMCA) service (PDF, 328.5 KB)
- Next of Kin: Understanding decision making authorities booklet from the national centre for post qualifying social work and professional practice.
Updated service briefings, practice guidance and notes Kent County Council have produced.
Kent County Council and Medway Council have separate DOLS (Deprivation of Liberty Safeguards) services for receiving and processing DOLS applications.
For DOLS advice and support (or to send in a DOLS assessment or authorisation form) for people who are ordinarily resident in Kent, contact:
Phone: 03000 415777
Fax: 03000 422758
Kent Mental Capacity Act Deprivation of Liberty Safeguards Service
Kent County Council
4th Floor Invicta House
Kent ME14 1XX
Always phone to tell us before sending us any paperwork. We are open 9am to 5pm, Monday to Friday (excluding bank holidays).
For people who are ordinarily resident in Medway, contact:
Medway DOLS Service
Phone: 01634 331188
Fax: 01634 331866