Deprivation of Liberty Safeguards (DoLS) professional support

Deprivation of Liberty Safeguards (DoLS) exists to safeguard individuals when a deprivation of liberty is an unavoidable part of a best interests care plan. Those 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 Mental Capacity Act.

For further information of the Supreme Court Judgement see our guidance notes below.