Deprived of liberty in a care home or hospital

A deprivation of liberty happens when a person is not free to leave where they are being cared for, and they are under constant supervision and control. The Deprivation of Liberty Safeguards (DoLS) only apply to people in care homes and hospitals. 

A deprivation of liberty happens when a person (all the following):

• lacks capacity to consent
• is under continuous supervision and control in a care home or hospital
• is not free to leave

The Mental Capacity Act 2005 includes the Deprivation of Liberty Safeguards (DoLS). These safeguards exist so that people are only restricted an appropriate amount to receive care that is in their best interests.

A large restriction may in itself be a deprivation of liberty. Sometimes many small restrictions added together will amount to a deprivation of liberty. What is important is the amount of control that the care home or hospital has over the person.

What the Deprivation of Liberty Safeguards mean

The safeguards ensure that:

• the arrangements are in the person’s best interest
• the person has someone to represent them
• the person has a legal right of appeal over the arrangements
• the arrangements are reviewed and continue no longer than necessary

Any restrictions should be for a particular care plan. The safeguards outline a process that hospitals or care homes must follow.

We can assess if the restrictions are in the person's best interest.

Assessing and reviewing Deprivation of Liberty Safeguards

We are responsible for assessing if someone's liberty is being deprived in a care home or hospital for Walsall residents. 

Healthcare professionals in hospitals, care home staff or representatives for the person (relevant person) can request assessments or reviews of Deprivation of Liberty safeguards.

If you think that your liberty is being deprived you can speak to your health care provider, or care home staff, to discuss your concerns, or you can contact us.