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Deprivation of Liberty Safeguards (DoLS)

Patient Information Leaflet

Introduction

The Mental Capacity Act (MCA) 2005 is a law that makes sure people are allowed to make their own decisions when they can. It also tells professionals what to do when a person cannot make a decision themselves.

What are DoLS?

The DoLS safeguards are part of the MCA. They protect people 18 years and over who lack mental capacity to make a decision about where they stay for care and treatment.

If a person needs to be deprived of their liberty for care and treatment, these Safeguards make sure it is done in the least restrictive way available, and for no longer than needed.

The Hospital can authorise an urgent DoLS for up to 14 days. The Local Authority should organise a Best Interest and Medical assessor to authorise a standard DoLS after this time.

DoLS is about protecting your Human Rights and giving you as much freedom as possible while keeping you safe for the purpose of giving you care and treatment.

Why does DoLS apply to you?

The Safeguards apply to you because you have been assessed as lacking mental capacity to make a decision about where you stay for care and treatment.

The people caring for you would have decided it is in your best interest to stay here for now. You should be cared for and treated in a way that means you are safe.

Some restrictions may be needed to keep you safe. This means you could be deprived of your liberty because you may not be able to do some things you want to. The Safeguards are there to protect you.

How might DoLS affect you?

The safeguards give the hospital the power to stop you from leaving. They allow some restrictions to be used to keep you safe while providing care and treatment. This could include:

These restrictions should have been discussed with you and your family and/or friends (someone who advocates for you), if appropriate to do so.

What Rights do you have under DoLS?

The Safeguards give you a legal right to challenge decisions made for you. If you are on an urgent or standard DoLS your rights include:

1. You or your representative/family/friends:

a) Can ask staff to relook at the reasons for depriving you of your liberty.

b) Can ask for help to understand how DoLS works and what it means.

c) Can ask staff to relook at the best interest decision or consider less restrictive options.

2. If there is still a disagreement, the Court of Protection can be asked to decide if you need to be deprived of your liberty or not.

3. If you have made an Advance Decision to Refuse Treatment, you cannot be asked to stay somewhere to receive that treatment.

If you are on a standard DoLS, a representative will be appointed to looked after your interests in relation the deprivation of liberty. This could be a family or friend, or it could be an Independent Mental Capacity Advocate (IMCA).

You or your representative have the right to ask the Local Authority for a review of the reasons for depriving you of your liberty.

Your representative is someone who should advocate for you and ensure your wishes, views and rights are respected.

What they DO NOT do

The DoLS authorises your stay so you can receive the care and treatment you need. It does not authorise other aspects of your care and treatment. You may still have the mental capacity to make other decisions in your life.

Where can I find more information about MCA & DoLS?