Deprivation of liberty safeguards (DoLS)
Some adults living in care homes and hospitals may lack the mental capacity to make key decisions about their care or treatment. For their safety, it may be necessary to restrict their liberty - for example, they may not be able to go out on their own, and carers might need to check on them regularly.
The Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act 2005. They ensure that any restrictions on liberty are necessary, proportionate and in the person's best interests.
If someone needs care or treatment that might involve depriving them of liberty, the law requires a formal assessment and authorisation by the local authority (known as the supervisory body). This process helps prevent unnecessary restrictions and ensures people receive the care they need while being safeguarded from harm.
How to challenge unlawful deprivation of liberty
If you believe a friend or family member is being unlawfully deprived of their liberty, speak to the care home or hospital first. You can raise concerns verbally or in writing.
If the issue cannot be resolved informally, contact the DoLS Service to find out about how to proceed.
Guidance for professionals
If you work in a hospital or care home and need guidance on understanding or applying DoLS, visit the dedicated section.