DoLS in Staffordshire
Sometimes people who lack capacity to make significant decisions for themselves, need to receive care or treatment in a hospital or care home and the only way they can get the care or treatment they need, and be safe, is for there to be restrictions in place that may amount to them being deprived of their liberty.
The Human Rights Act tells us that no one can be “deprived of their liberty” except in certain situations and only if in accordance with a procedure prescribed by law.
Deprivation of Liberty Safeguards (DOLS)
Sometimes people who lack capacity to decide about treatment and care may need to be cared for in a way that deprives them of their liberty.
DOLS exists to safeguard individuals and provide legal protection for those vulnerable people who are, or may become, deprived of their liberty within the meaning of Article 5 of the European Convention on the Human Rights (ECHR) in a hospital or care home, whether placed under public or private arrangements. The safeguards exist to provide a legal framework and protection in circumstances where deprivation of liberty appears to be unavoidable in a person’s best interests.
Learn more about DOLS.
Learn about DOLS on GOV.UK
Deprivation of Liberty Safeguards - Age UK
Deprivation of Liberty Safeguards (DoLS) - Care Quality Commission
Mental Capacity Act Code of Practice
Identifying a Deprivation of Liberty: A Practical Guide (Law Society)
Standard Authorisation – Know your rights (ADASS)
Standard Authorisation – Know your rights Easy Read (ADASS)
A Guide for relevant person's representatives booklet download (134 Kb)
How to make a referral to the Deprivation of Liberty Safeguards (DOLS) team
If you are a Care Home or Hospital, to make a referral for a DOLS authorisation please complete our online DOLS referral form via the button below. If you experience any difficulties or need additional guidance, please contact DOLS Team on 01785 895665
Local Authority responsibility for DoLS cases is determined by the Relevant Persons Ordinary Residence
Self-Funders
The Ordinary Residence of a self-funding service user is the Local Authority area of the care home where they are resident with two exceptions.
- Where the placement was arranged or assessed by another Local Authority
- Where another Local Authority has a continuing service agreement for the Relevant Person
Where these exceptions apply the involved authority is also responsible for the DoLS.
Funded
Where a Service User is funded by a Local Authority that authority area remains their Ordinary Residence, regardless of the location they are placed in.
Please note Integrated Care Board (ICB) funding is not considered funding by a Local Authority, in this case is the person's last known Ordinary Residence prior to the ICB funding should be used.
Hospital
Service Users admitted from their home address will remain Ordinary Residence in the Local Authority covering that address; Service Users admitted from a Care Home will remain Ordinary Residence as per the above please, check with the Care Home prior to submitting your referral
What are the criteria?
A person must be eligible under all of the following:
- Be cared for in a hospital or care home.
- Be aged 18 or over.
- Have a mental disorder, such as dementia or a learning disability and not be liable for detention under the Mental Health Act 1983.
- Lack the capacity to consent to where their care is given.
- Need to be deprived of their liberty in their best interests to protect them from harm.
The deprivation of a person’s liberty is a very serious matter and should not happen unless it is absolutely necessary. That is why the safeguards have been created.
They ensure that any decision to deprive someone of their liberty is made following defined processes and in consultation with family members and professionals.
Recognising deprivation
There is currently no standard definition of deprivation of liberty. The code of practice says:
“to determine whether there has been a deprivation of liberty, the starting-point must be the specific situation of the individual concerned and account must be taken of a whole range of factors arising in a particular case such as the type, duration, effects and manner of implementation of the measure of question. The distinction between a deprivation of, and restriction upon, liberty is merely one of degree or intensity and not one of nature or substance.”
Apply for a DoLS referral online
DoLS referral
Contact us
If you would like further help or guidance, general advice or if you are unsure whether to make a referral or any enquiries about DoLS please do not hesitate to contact the DoLS team on: