DoLS policy
Deprivation of Liberty Safeguards (DoLS) were added to the Mental Capacity Act (MCA) in 2007. They apply when someone is receiving care in a registered care home or hospital and their care hasn’t been authorised under the Mental Health Act 1983.
These safeguards ensure that someone isn’t deprived of their liberty without proper checks. They provide a clear process for authorising and challenging decisions, protecting the rights of vulnerable people.
The Gloucestershire Deprivation of Liberty Safeguards Policy provides a local framework for implementing the DoLS. It sets out the steps that care providers (Managing Authorities) and Supervisory Bodies must follow when someone might be deprived of their liberty. This includes how to:
• request authorisation
• assess applications
• grant and review authorisations.
In Gloucestershire, these duties are carried out by a joint service run by Gloucestershire County Council and the Primary Care Trust, creating a single care pathway.
The GCC DoLS Policy is currently being reviewed following the June 2026 Supreme Court ruling in A Reference by the Attorney General of Northern Ireland (2026). The revised policy will be available here once reviewed.
The DoLS Code of Practice adds detail to the MCA Code of Practice. It gives staff a legal framework for situations where someone cannot consent to their care and the restrictions used are so significant they amount to a deprivation of liberty. These Codes should always be the main reference for staff dealing with DoLS.