Leeds Safeguarding Adults Partnership works together to promote awareness and good practice:
- in safeguarding 'adults at risk' from abuse or neglect
- in the Mental Capacity Act 1983 and Deprivation of Liberty Safeguards (DoLS)
What are Deprivation of Liberty Safeguards (DoLS)?
The Deprivation of Liberty Safeguards, often referred to as DoLS, are a legal safeguard for people who cannot make decisions about their care and treatment when they need to be cared for in a particularly restrictive way. They set out a process that hospitals and care homes should follow if they think it will be necessary to deprive a person of their liberty, in order to deliver a particular care plan in the person's best interests.
It is a serious issue to deprive someone of their liberty and every effort should be made to prevent a deprivation of liberty occurring. However, there are some circumstances in which depriving a person of their liberty is necessary to protect them from harm, and is in their best interests.
What amounts to a deprivation of liberty occurring depends on the specific circumstances of each individual case. As a result, there is no single definition or a standard checklist that can be used. However, the following indicators have been established through court judgements:
- Restraint was used to admit a person to a hospital or care home when the person is resisting admission
- Medication was given forcibly, against a patient's will
- Staff exercised complete control over the care and movements of a person for a long period of time
- Staff took all decisions on a person's behalf, including choices relating to assessments, treatments, visitors and where they can live
- Hospital or care home staff took responsibility for deciding if a person can be released into the care of others or allowed to live elsewhere
- When carers requested that a person be discharged to their care, the hospital or care home staff refused
- The person was prevented from seeing friends or family because the hospital or care home has restricted access to them
- The person was unable to make choices about what they wanted to do and how they wanted to live, because the hospital or care home staff exercised continuous supervision and control over them.
(Extract DH (2009) Deprivation of liberty safeguards: A guide for hospitals and care homes)
NB: The deprivation of liberty safeguards do not apply to people subject to compulsory powers under the Mental Health Act.