Liberty means having the freedom to make your own choices and live where you want to live.
Deprivation of Liberty Safeguards (DoLS) protect people aged 18 and over who lack capacity to consent to their care, treatment or accommodation when they are in a care home or hospital.
Court of Protection Deprivation of Liberty (CoP DoL) applies when a person is deprived of their liberty in the community, such as in supported living, shared lives or their own home.
Both DoLS and CoP DoL make sure that:
- any restriction is in the person’s best interests
- their rights are protected
- the deprivation of liberty is properly authorised
Restrictions can look different depending on the person’s needs. They might include:
- using locks or keypads that stop someone leaving a building or certain rooms
- giving medication to calm someone
- close supervision at home or in a care setting
- not allowing the person to leave the service
- requiring supervision when outside
- restricting contact with certain people
- physically stopping someone from doing something unsafe
- removing items that could cause harm
- holding a person so they can receive care or treatment
- using bedrails, splints or wheelchair straps
- making someone stay somewhere against their wishes
- keeping someone somewhere against the wishes of a family member
If you think that a person may be deprived of their liberty you should bring this to the attention of the manager of the home or the hospital ward so they either change their care or seek authorisation. Other options are to inform the supervisory body to make a safeguarding alert to the local authority.
To challenge what may be an unlawful deprivation of liberty, contact the Court of Protection – GOV.UK.
More information Deprivation of Liberty Safeguards
The national Deprivation of Liberty guidance gives tips for completing the standard forms.
The Law Society has issued comprehensive guidance on the law relating to the deprivation of liberty safeguards, using case scenarios to explain the law. There is also a podcast that covers the key points and the practical effects.