The Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act 2005. The safeguards aim to make sure that people in care homes and hospitals are looked after in a way that does not inappropriately restrict their freedom.
The safeguards set out a process that hospitals and care homes must follow if they believe it is in the person's best interests to deprive a person them of their liberty, in order to provide a particular care plan. It is then the role of Walsall Adult Social Care to arrange for assessments to ensure the deprivation of liberty is in the person’s best interests.
In summary, the safeguards ensures:
A recent court decision determined that a deprivation of liberty occurs when:
Whether someone is deprived of their liberty depends on the person's specific circumstances. A large restriction may sometimes in itself be a deprivation of liberty or sometimes a number of small restrictions added together will amount to a deprivation of liberty. What needs to be assessed is the amount of control that the care home or hospital has over the person.
In March 2017, the Law Commission produced a proposal on a replacement for the DoLS and suggested amendments to the Mental Capacity Act itself. The changes to the act are to incorporate the new scheme, called the Liberty Protection Safeguards (LiPS), and to strengthen people’s rights in areas such as best interest decisions.
The new arrangements will apply to any health and social care setting, not just care homes and hospitals.
For now it is business as usual until the new changes are passed through parliament. Further updates will be given in a forthcoming newsletter.
For more information on the Mental Capacity Act or Liberty Protection Safeguards in Walsall then please visit
or If you have a general query in relation to MCA/DoLS you can email the firstname.lastname@example.org and the team will be happy to help.