Deprivation of liberty Safeguards (DoLS) and Liberty Protection Safeguards (LPS)

The Mental Capacity Act 2005 provided a legal framework in the form of the Deprivation of Liberty Safeguarding (DoLs), to protect vulnerable people, who may become, or are being deprived of their liberty in a care home or hospital setting (since 2014 in supported living).

There are plans to replace Deprivation of Liberty Safeguards (DoLS), and introduce in its place the Liberty Protection Safeguards (LPS), however delays announced by the UK Government suggest this is now unlikely to be before 2025.  The Mental Capacity (Amendment) Act 2019 (the MC(A)A 2019) introduced the Liberty Protection Safeguards, and the new framework will protect vulnerable individuals 16+, in a wider range of care settings than the DoLS framework.

Until these changes come in, staff should continue to make appropriate DoLS referral requests for anyone who meets the qualifying criteria under schedule A1 for those in a hospital setting of care/nursing home who are 18 and over. You can speak with the Deprivation of Liberty Safeguards Team for information or advice. The team can also advise on 16-18 year old individuals in any care setting – see further information for Dols team below.

The changes will be activated once the Liberty Protection Safeguard Regulations for England are ratified in Parliament and the LPS Regulations for Wales are passed by Senedd Cymru, and changes to the Mental Capacity Act 2005 Code of Practice are finalised. 

Deprivation of liberty safeguards explained

Deprivation of liberty is a term used in the European Convention on Human Rights about circumstances when a person’s Freedom is taken away. Deprivation of Liberty Safeguards (DoL) is the current legal framework for protecting the human rights of those who lack the mental capacity to consent to their care or treatment arrangements where this will amount to a deprivation.

The Liberty Protection Safeguards (LPS) explained

There are plans to replace Deprivation of Liberty Safeguards (DoLs), and introduce in its place the Liberty Protection Safeguards (LPS), however delays announced by the UK Government suggest this is now unlikely to be before 2025. LPS will be the new framework under amendments made to the Mental Capacity Act. Which is set out in the Mental Capacity (Amendment) Act 2019 (the MC(A)A 2019). Unlike DoLs, LPS will apply in all settings, such as care homes, hospitals, and people’s own home, and LPS will apply to individuals aged 16 years or older

The DoLS team

A DoLS team has been set up to co-ordinate and manage referral requests, DoLS assessments and reviews. The DoLS Team, which is based in Mamhilad Park Estate, acts on behalf of the Supervisory Bodies

DoLS questions and answers

Further information on Deprivation of Liberty Safeguarding

The legal ACID test (DoLs)

In 2014 an important judgement was handed down in an important legal case decided in the UK Supreme Court. P v Cheshire West & Chester Council; P & Q v Surrey County Council [2014] UKSC 19. The case described and gave the clearest indication of what amounts to a deprivation of liberty

Useful reading and links

Helpful leaflets and links to helpful information have been produced to support staff, users of service and the public to understand safeguarding and the adult protection process