About Deprivation of Liberty Standards
The Mental Capacity Act 2005 (MCA) includes The Deprivation of Liberty Safeguards (DoLS). DoLS are legal protections for people who can’t make decisions about their care or treatment.
If someone needs to stay in a care home or hospital and is not allowed to leave for their own safety, DoLS is a process that gives them protection. It protects people who do not have the mental capacity to consent to treatment. It checks that the deprivation is proportionate, fair and in the person’s best interests.
This process also makes sure that someone is checking that everything is being done properly.
DoLS apply to anyone from age 18 who lacks mental capacity. This means that a person is unable to make their own decisions about their care and support needs.
A lack of mental capacity could be due to:
- a stroke or brain injury
- a mental health problem
- dementia
- a learning disability
- confusion, drowsiness or unconsciousness because of an illness or the treatment for it
- substance misuse
The safeguards cover people in hospitals and care homes registered under the Care Standards Act 2000.
They are designed to:
- protect people who lack the mental capacity to make decisions about their care
- make sure they can get the care they need in the least restrictive way
- provide people with rights of challenge against unlawful detention through the Court of Protection
A person is likely being deprived of their liberty if they:
- are not free to leave a care home or hospital
- are under continuous supervision and control
- cannot consent to these arrangements due to lack of mental capacity
The council is the supervisory body for hospitals and residential and nursing homes in Bracknell Forest. All requests for authorisations for people who usually live in our Borough must be sent to our DOLS team. The care homes and hospitals, known in this process as managing authorities (MA), will then assess these requests.
MAs should apply to us if they consider it necessary to deprive a person of their liberty. The application (called an authorisation when it is granted) is specific to that location and can only be approved for a year at most.
When this period comes to an end, if the person still needs their arrangement to continue, then the MA must reapply to the supervisory body.
Types of DoLs requests
Applications for DoLS must only be:
- made as a result of a Mental Capacity Assessment
- recorded in line with guidance
- in the best interests of the person being referred
There are 2 types of authorisation, standard and urgent. Only care homes and hospitals can make these requests.
Standard authorisation request
This is to be used when the person will be deprived of liberty in the next 28 days. This is for where:
- the person is not subject to new or additional restrictions
- the criteria for an urgent authorisation is not met
It is made by the hospital or care home where the person will be residing when the standard authorisation comes into force.
Urgent authorisation request
This is needed when the person is currently being deprived of liberty, or the need cannot wait. This authorisation is usually made by the hospital or care home and is valid for up to 7 days.
An extension of 7 days can also be requested after the original 7 days have expired.
People living in other forms of housing
For people living in other types of housing, such as supported housing or their own home, the process is different. In these cases, applications for a deprivation of liberty are made through what is often referred to as a community DoLS.
In these cases, deprivation can only be authorised by a court. If unsure, seek advice from the commissioner of the care or support they receive.
Understanding when someone is deprived of their liberty from The Law Society gives more information about how this applies in different settings.
Liberty Protection Safeguards
In 2019, amendments to the MCA introduced the Liberty Protection Safeguards (LPS). This has a wider remit than the current DoLS system. It was due to replace DoLS from 2020 but is currently delayed. It is not known when LPS will come into force but a government consultation is due to start in 2026.
For more information, view the Mental Capacity Law and Policy website.
More information
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