Deprivation of Liberty Safeguards explained

The Deprivation of liberty safeguards (DoLs) were introduced to prevent further breaches of the European Convention on Human Rights (ECHR), Article 5- Right to Liberty and security of Person. The safeguards were introduced as an amendment to the Mental Capacity Act 2005 and came into force on the 1st April 2009.

What is Deprivation of Liberty?

There was no simple definition. ‘Deprivation of liberty is a term used in the European Convention on Human Rights about circumstances when a person’s freedom is taken away. Its meaning in practice has been defined through case law’ (DoLS Code of Practice).

There are 3 elements to a DoL

  1. The objective element- The person is confined and unable to leave a place they are residing or staying in (eg a care home or hospital) for a non-negligible period of time
  2. The subjective element - They have not or cannot consent to be deprived
  3. The deprivation is imputable to the state

Case Example

Arthur has dementia and lives in a care home. Because of his condition, Arthur is less aware of danger than a person without the condition. He is unable to safety cross a busy road on his own and does not understand that it is dangerous to cross a nearby motorway.

Arthur needs constant supervision and if not prevented from going out on his own, he would almost certainly be at risk of harm if he were to leave the care home unsupervised. Others may also be at risk if this were to lead to a road traffic incident etc. To keep Arthur and others safe and prevent him from leaving the care home unsupervised, his room door remains locked to physically prevent him from going out on his own. To keep him and others safe, this has to be done on a regular basis.

It would be unlawful for the Care Home/staff to do this without applying to the local authority for permission via DoLs process, as soon as they realise these measures are necessary.

If a hospital or care home, referred to as a Managing Authority, need to deprive a person of their liberty, in their best interests, to keep them safe from harm, then the Managing Authority needs to apply for a DoLS authorisation (i.e. permission) through the DoLS team as part of a Supervisory Body (Local Authority or Health Board. Following assessment by a Best Interests assessor and a Doctor, the Supervisory Body (Local Authority Health Board) gives permission to deprive a person of their liberty by granting a DoLS Authorisation.