Deprivation of Liberty
Deprivation of Liberty (DOLS)
On this page:
What is the Mental Capacity Act?
Why do we need the Deprivation of Liberty Safeguards?
What is a deprivation of liberty?
Deprivation of liberty is about:
When will the Deprivation of Liberty Safeguards be used?
What happens if you are being deprived of your liberty?
What will happen after the Best Interests Assessor's report?
What will happen if I get Deprivation of Liberty Safeguards?
What is the Mental Capacity Act?
The Mental Capacity Actis a law about making decisions and what to do when people cannot make some decisions for themselves, this is called lacking capacity. The Deprivation of Liberty Safeguards applies to people who are assessed to lack decision making ability regarding their care and residence in care home or hospital settings.
The Deprivation of Liberty Safeguardsare part of the Mental Capacity Act 2005. The Act guides other people how to assess if you can make your own decisions. You might be able to make somedecisions, but not able to make otherdecisions in which case people will consider making best interests decisions on your behalf.
People will need to find out
- which decisions you can make on your own
- which decisions you might need some help with
- which decisions you cannot make yourself
Why do we need the Deprivation of Liberty Safeguards?
Sometimes you may need treatment or care if you are staying in a hospital or living in a care home. People who are lacking mental capacity need extra protection especially if you are unhappy with your care or treatment or subject to very high restrictions to your life. If you are assessed to be deprived of your liberty the Deprivation of Liberty Safeguards can provide independent scrutiny of the care arrangements.
What is a deprivation of liberty?
Liberty means being free to do the things you want to do, when you want to do them. TheThere is not an exhaustive list of what a deprivation of liberty is, but some examples include:
- Staff in a care home or hospital having control over all of the decisions in your life.
- Not being allowed to leave the hospital where you are staying or the care home where you live.
- Your family, carers or friends not being allowed to come and see you.
Deprivation of liberty is about:
- The way that other people care for you and treat you
- The way you feel about the way that people care for you and treat you
- Looking at the restrictions in place in your life and talking about changes that could be made. .
When will the Deprivation of Liberty Safeguards be used?
Deprivation of Liberty Safeguards are the way to give you the protection you need when you are being cared for or treated in ways that deprive you of your liberty.
The Deprivation of Liberty Safeguards are for:
- People living in England or Wales,
- People who are 18 years old or older.
- People who have a mental disorder such as dementia or a learning disability.
- People who live in a care home or are staying in hospital, who are lacking capacity to agree to be there and may be unhappy in their care setting.
What happens if you are being deprived of your liberty?
- There is a book of rules called the Code of Practice that explains and tells the people involved what to do.
- The Code of Practice says that the people who are caring or treating you, are called the Managing Authority. This is usually a care home or hospital.
- If the Managing Authority believes you are deprived of your liberty, they must make sure they are not breaking the law and request assessments.
- The managing authority must write to the supervisory body (which will be your local council or health trust) to tell them what they think you need.
The Code of Practice says the Supervisory Body must decide if you are eligible for the Deprivation of Liberty Safeguards framework. They will do this by arranging for assessors to consider your mental capacity and your circumstances relating to your care including your wishes and feelings.
One assessor is called the Best Interests Assessor. They will write a report to tell the supervisory body if you need a Deprivation of Liberty Safeguards Authorisation and for how long this should be. The authorisation should be for as short as time as possible and never longer than 12 months.
What will happen after the Best Interests Assessor's report?
The Best Interests Assessor'sreport might say you are being deprived of your liberty and that this is in your best interests. The supervisory body will write to the managing authority (care home or hospital) to tell them and ask them to explain this to you. The report might say you are being deprived of your liberty but some changes are needed, for example; changes to the way you are cared for.
What will happen if I get Deprivation of Liberty Safeguards?
Everyone who has a Deprivation of Liberty Safeguards Authorisation must have a representative to ensure they are being well cared for. The representative could be a family member or a friend and if no-one is suitable an Independent Representative will be appointed. If you or anyone else is unhappy about you being deprived of your liberty or your care arrangements, they can ask for a review of your situation.
If you or your representative disagree about you being deprived of your liberty, you can have support to make an appeal to a court called the Court of Protectionto decide whether being deprived of your liberty is in your best interests.
If you (or your representative) are reading this because you are deprived of your liberty and feel a review is needed, you should contact The Supervisory Body.