A family recently asked me why a Deprivation of Liberty Safeguards (DoLS) application had been made to the Local Authority by a care home for a member of their family, living with dementia who had recently gone into residential care. Especially as the family had agreed that this was the best option for their loved one.

DoLS applications are becoming more common so it may be something that your family will come across.

Deprivation of Liberty Safeguards (DoLS) is used to protect the rights and well-being of individuals who lack the mental capacity to make decisions about their care and treatment. Specifically, they are designed to ensure that any deprivation of liberty is lawful, necessary, and in the person’s best interests. Here’s why DoLS are used:

1. To Protect Vulnerable Individuals

People with conditions like dementia, learning disabilities, or brain injuries may be unable to understand or consent to decisions about their care. DoLS protect these individuals from arbitrary or unlawful restrictions.

2. To Ensure Safeguards for Care Decisions

DoLS provide a legal framework that ensures decisions about restricting a person’s liberty are thoroughly assessed and justified. This prevents excessive or inappropriate restrictions.

3. To Promote Human Rights

Under the European Convention on Human Rights (ECHR), everyone has the right to liberty (Article 5). DoLS ensure that any deprivation of liberty complies with this right and is lawful, necessary, and proportionate.

4. To Provide Oversight

DoLS require independent assessments by trained professionals, ensuring that restrictions on liberty are carefully evaluated. This includes:

• A mental capacity assessment to confirm the individual cannot make the decision themselves.
• A best interests assessment to determine if the care arrangement is necessary and, in the person’s, best interests.

5. To Ensure Least Restrictive Care

The framework encourages care providers to consider less restrictive options whenever possible. This principle ensures that individuals retain as much freedom and independence as is safe.

6. To Facilitate Legal Accountability

Without DoLS, care providers might unlawfully deprive someone of their liberty, exposing them to legal challenges or breaches of human rights. DoLS provide a clear, accountable process for making these decisions.

7. To Support Families and Advocates

DoLS involve the appointment of a Relevant Person’s Representative (RPR), usually a family member or advocate, to ensure the individual’s views and rights are represented. Families are kept informed and can challenge decisions if needed.

8. Community Deprivation of Liberty (Community DoL)

Depriving a person of their liberty within a community setting for example in supported living, housing with care, residential schools, persons own home. This is referred to as Community DoL – the lawful authorisation of arrangements enabling care or treatment which give rise to a deprivation of liberty for the person.

9. Examples of When DoLS Might Be Used:

• Care Homes: Preventing a person with advanced dementia from leaving the home for their safety.

• Hospitals: Restricting movement of a patient with severe mental illness to prevent harm.
• Medical Treatment: Administering essential care or treatment against someone’s will if they lack capacity and are at risk without it.