Two independent professionals, often a social worker and a doctor, consider the person’s best interests and complete several DoLS assessments.
If a person is assessed as being deprived of their liberty this does not imply any criticism of the care they receive. The restrictions must be thought likely to constitute a deprivation of their liberty. The adult must lack the mental capacity to consent to their accommodation, care and treatment as a consequence of a mental disorder. In some circumstances, DoLS can be used to check whether restrictions placed upon an adult, staying in either a care home or hospital, are necessary, proportionate and in their best interests.
The Deprivation of Liberty Safeguards (DoLS) is a legal process, introduced for this purpose, via an amendment to the Mental Capacity Act 2005. When a person’s freedom is restricted to such an extent that they are considered to be deprived of their liberty, this needs to be scrutinised and formally authorised if it is to be lawful.
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