Those aged 18 and over
Have a mental disorder and lack capacity to Who in a registered care home, nursing home or hospital

The Deprivation of Liberty Safeguards (DoLS) aims to protect the rights of people who lack mental capacity, such as those who have dementia, a mental health problem or a severe learning disability, If you work in a hospital or care home that provides care for people who can't make decisions about their care or treatment, then you need to know about DoLS!

The deprivation of a person’s liberty is a very serious matter and should not happen unless it is absolutely necessary and is in the best interests of the individual to prevent harm to the person. Safeguards have been created to ensure that any decision to deprive someone of their liberty is made following defined processes.
The supervisory body is the Local Authority in the case of a care home, or the Primary Care Trust in the case of a hospital. DoLS will ensure that it will be unlawful for a hospital or care home to deprive a person of their liberty without obtaining an authorisation. The supervisory body will commission six different types of assessments for the individual. Authorisations must be obtained in advance of a DoL except where it is thought to be urgent.
Individuals and their families can challenge a DoL applying at any time to the Court of Protection
The following factors may be relevant in considering whether a person is deprived of their liberty:

Do family and/or friends want to look after the client by taking them home, or does the client often try to leave the home, but you or the Local Authority will not allow them to?
Does the client often state that they want to leave or live somewhere else but they are not allowed to by you or the Local Authority?
Is the client given no freedom of choice on day to day matters such as meals, activities, personal care and movement etc such that the care home has complete and effective control over such matters?
Is the client prevented from contact either face to face or indirect contact with family and friends who want to see him/her and who he/she wishes to see?  Or is the family prevented from taking the person out?
It is the person’s freedom of movement within the establishment restricted by use of medication, or by physical restraint? 

For more information contact:

Safeguarding Unit, DOLS Administration office,
3rd Floor Mahatma Gandhi House,
34 Wembley Hill Road, Wembley, 
Middlesex, HA9 8AD 
fax: 020 8937 4027  Telephone no: 020 8937 4011

NHS Brent is working in partnership with the Brent Council in order to provide a comprehensive service to implement this new legislation.  

Please follow the following link to access:

Single point of access details for all enquires and applications
Downloadable documents and links to important information

www.brent.gov.uk/communitycare.nsf/Deprivation%20of%20Liberty%20Safeg/LBB-98
letter to care homes and hospitals 30.3.09