Deprivation of Liberty Safeguards
When a vulnerable person who lacks mental capacity is placed under restrictions in a care home, hospital or supported living setting, the law requires specific safeguards to protect their rights. We advise families, care providers and local authorities on DoLS and Court of Protection applications.
What are Deprivation of Liberty Safeguards?
Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act 2005. They provide a legal framework to authorise the deprivation of liberty of a person who lacks capacity to consent to their care arrangements, where those arrangements are necessary to protect them from harm and are in their best interests.
DoLS apply to care homes and hospitals in England and Wales. For other settings — such as supported living — an application to the Court of Protection is required.
The Liberty Protection Safeguards (LPS) are due to replace DoLS and will extend the framework to a wider range of settings. We keep up to date with all developments in this area of law.
When is a Person Deprived of Liberty?
Following the Supreme Court's decision in Cheshire West (2014), a person is deprived of their liberty if they are:
- Under continuous supervision and control
- Not free to leave
- Lacking capacity to consent to their care arrangements
The "acid test" applies regardless of the person's disability, the quality of their care, or their relative contentment.
Common Situations We Deal With
We advise on a wide range of deprivation of liberty matters
Care Home Residents
A person in a care home who lacks capacity may be deprived of their liberty if they are under continuous supervision and not free to leave. A DoLS authorisation or Court of Protection order is required.
Hospital Patients
Patients in hospital who lack capacity and are subject to restrictions on their movement or freedom may require a DoLS authorisation or urgent Court of Protection application.
Supported Living
People living in supported living arrangements may also be deprived of their liberty. The legal framework differs from care homes and often requires a Court of Protection order.
Challenging a DoLS
If you believe a DoLS authorisation is unlawful or that the conditions are not in the person's best interests, we can advise on challenging the authorisation through the Court of Protection.
Related Court of Protection Services
Speak to a Court of Protection Solicitor
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