What are Deprivation of Liberty Safeguards?
The Deprivation of Liberty Safeguards (DoLS) were introduced as protection for people over the age of 18 who are deprived of their right to liberty. This can arise where a person is living in a care home and is unable to consent to living there under restrictions needed to meet their care needs.
The test for whether or not someone is being deprived of their liberty was established in a Supreme Court judgment in March 2014. There are three main elements to consider:
- They lack the capacity to consent to their care/treatment arrangements.
- They are under continuous supervision and control.
- They are not free to leave.
Further features to consider when assessing if authorisation is required include: regular use of sedation or physical restraint to control behaviour; objections from family/friends to the restriction being imposed; and confinement to a particular section of the care home/hospital.
Authorising a Deprivation of Liberty
The DoLS process requires that when a care home or hospital (managing authority) is considering providing care in a way that could deprive someone of their liberty, they must ask for authorisation from a supervisory body, i.e the local authority. The supervisory body will appoint at least two assessors (usually a doctor and a social worker) to assess if the conditions are met to allow the person to be deprived of their liberty under the safeguards.
This authorisation lasts for one year, after which time another assessment must be made, but does not need to be in place for the entire year – once they are no longer necessary, the restriction should be removed and liberty restored.
Once authorisation is granted, a person will be appointed as the individual’s relevant person’s representative (RPR). If there is nobody available or willing to volunteer for this role, the supervisory body must pay an independent advocate to do this.
The RPR can ask for the authorisation to be reviewed and checked to ensure the criteria are still met. They can also challenge the authorised deprivation of liberty via the Court of Protection.
The Future of DoLS: Liberty Protection Safeguards
The Liberty Protection Safeguards (LPS) have been proposed as an alternative. This new model is not yet in force but seeks to address the issues of accessibility, bureaucracy and delay which exist with DoLS.
Currently there is no official date for implementing LPS. The government announced in October 2025 that they would be launching a consultation with families, carers and practitioners of people with deprived liberty, which will inform a Code of Practice.
Talk to Us
If you find yourself needing support with a DoLS issue, the highly experienced Court of Protection team at Clapham & Collinge can provide expert advice and peace of mind.
Contact us today for a confidential discussion and to book an appointment.
Norwich
Tel: 01603 693500
Sheringham
Tel: 01263 823398
North Walsham
Tel: 01692 660230