Deprivation of liberty safeguards

Deprivation of liberty is a legal term. It's used when:

• someone is not able to decide on their own care arrangements

• as a result they have to have their freedom restricted and are under continuous supervision and control

It may happen if someone is in a care home or hospital and lacks the capacity to make decisions about their care and treatment.

Examples of deprivation of liberty

Staff at the hospital or care home might deprive someone of their liberty by:

• not allowing them to leave the hospital or care home
• physically restraining them
• giving them medication to their control behaviour

Safeguards in place

Deprivation of Liberty Safeguards (DoLS) are there to make sure someone: 

• is not deprived of their liberty when it’s not in their best interest
• can challenge any measures which deprive them of their liberty
   

A care home or hospital cannot deprive anyone of their liberty without our permission.

Short-term emergencies

The only time a care home or hospital can deprive someone of their liberty without our permission is if it’s a short-term emergency. They must tell us about this.

If the situation is ongoing then they must get our permission by following the standard process.

How it works

If we get a deprivation of liberty request we'll arrange for the person to be assessed.

Our qualified professionals will check whether:

• the person has the capacity to make their own decisions about their care and/or treatment
• the circumstances for depriving them of their liberty meet the legal requirements
• depriving them of their liberty is in their best interest

If we agree that they should be deprived of their liberty we'll make sure that the measures introduced are:

• the least restrictive required
• proportional to the risk posed
• in place for as short a time as necessary

If we do not agree, the care home or hospital must make sure they do not illegally deprive you of your liberty.

If not in a care home or hospital

There’s a different process if someone is not in a hospital or a care home, for example, they’re in supported housing or shared living accommodation. 

In this case the decision maker would have to apply to the Court of Protection.

Contact us

To find out more about deprivation of liberty safeguards:

• call: 0207 525 1754
• email: Dols@southwark.gov.uk