Deprivation of Liberty Safeguards

(DoLS)

The statutory regime under the Mental Capacity Act 2005 (Schedule A1) protecting people who lack capacity from unauthorised deprivation of liberty in hospitals and care homes. Requires authorisation by the supervisory body and a 'best interests assessor'. Being replaced by the Liberty Protection Safeguards under the Mental Capacity (Amendment) Act 2019.

DoLS was introduced in 2009 after the Bournewood case (HL v United Kingdom). It requires authorisation when a person who lacks capacity is deprived of their liberty for care or treatment. The supervisory body (council or health board) commissions six assessments and authorises for up to 12 months. The person has a Relevant Person's Representative and an IMCA. Authorisations can be challenged in the Court of Protection. The Liberty Protection Safeguards (LPS) under MC(A)A 2019 will replace DoLS — implementation deferred indefinitely from October 2024.

Official guidance

Related terms

Mental Capacity Act 2005Court of ProtectionIndependent Mental Capacity Advocate

Related guides

Deprivation of Liberty Safeguards (DoLS): Rights and Challenges

The Deprivation of Liberty Safeguards (DoLS) provide a legal framework authorising the deprivation of liberty of a person who lacks capacity to consent to their care arrangements in a hospital or care home. Understanding the process and the rights of the person and their family is essential for effective advocacy.

6 min

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