Deprivation of Liberty Safeguards (DoLS) helps to protect over 18s who lack mental capacity, when they receive care or treatment in a care home or hospital. Depriving someone of their liberty in a care home or hospital without a DoLS in place is unlawful.
A DoLS sets out when and how certain restrictions can be used. It could be granted to help give a care home or hospital the right to keep a person from leaving, so they don’t come to harm. DoLS do not apply to people detained in hospital under the Mental Health Act.
A deprivation of liberty is needed when someone lacks the mental ability to decide about their stay in a care home or hospital. This is where it is in the person’s best interests to be under continuous supervision and control, and they are not free to leave.
Assessments determine if it is in the person’s best interests to be kept in the care home or hospital to receive the care or treatment they need. If it is, a DoLS will be authorised. If you believe that someone is being deprived of their liberty without authorisation, or you want an existing authorisation reviewed, you can discuss it with the care home or hospital manager. They can make the authorisation or DoLS review request – you can email the DoLS team, dols@enfield.gov.uk or call them on 020 8132 0376.
Someone could be deprived of their liberty in a setting other than a care home or hospital. Whether this is in their best interests would need to be determined with assessments and may need to be authorised by the Court of Protection.
A DoLS can be reviewed at any point to see if a person still meets the requirements or if any conditions need to be changed. The DoLS office will carry out reviews if it is necessary, or when requested by the person being deprived of their liberty, their representative, or their hospital or care home.
An Independent Mental Capacity Advocate (IMCA) may be appointed if someone needs an advocate, especially if they have no-one to consult with during the DoLS assessments or authorisation.
Every person subject to a DoLS, must have a representative. This can be a family member, friend, or a paid representative. The Relevant Person’s Representative or Paid Relevant Person’s Representative will be appointed by the DoLS office when the DoLS is authorised.
In Enfield, the IMCA and the Paid Relevant Person’s Representative (PRPR) services are provided by a charity called POhWER .
For more information, view our easy read document or our guide for family, friends and carers . For advice, to make an appointment to speak to someone, email dols@enfield.gov.uk.