Deprivation of Liberty Safeguards (DoLS)
The Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act 2005 and provide safeguards for people who are deprived of their liberty in connection with their care or treatment.
Following the Supreme Court judgment of 2 June 2026 [2026] UKSC 16, the approach to deciding whether a person is deprived of their liberty has changed.
The previous Cheshire West "acid test" of continuous supervision and control and not being free to leave is no longer sufficient on its own to establish a deprivation of liberty. A person-centred assessment of the individual's concrete situation and the overall circumstances is required. Relevant factors include the type, duration, effects and way in which restrictions are implemented. The person's response to their arrangements, the setting and relative normality of the placement, and the purpose of the measures may also be relevant.
Importantly, a person who lacks mental capacity under the Mental Capacity Act to make decisions about their care and residence may nevertheless be capable of giving valid consent for the purposes of Article 5 where they have sufficient awareness of their living arrangements to know and communicate whether they are happy or unhappy with them. Where there is serious doubt about the person's true wishes or preferences, valid consent should not be inferred.
Where the circumstances amount to a deprivation of liberty, appropriate legal authorisation and safeguards continue to be required to protect the person's Article 5 rights.
Who this applies to
DoLS applies to people aged 18 or over in hospitals and care homes who lack the relevant mental capacity and whose individual care or treatment arrangements amount to deprivation of liberty.
Whether arrangements constitute a deprivation of liberty must be considered in light of the person's individual circumstances. There is no longer a single "acid test" which determines this question. The assessment must consider the person's concrete situation and the overall nature, duration, effect, purpose and implementation of the restrictions.
A person's wishes, feelings and experience of their arrangements are relevant. Lack of capacity under the Mental Capacity Act 2005 does not automatically mean that the person cannot give valid consent for Article 5 purposes.
Policies, procedures and guidance
The Mental Capacity Act 2005 provides a framework for making decisions on behalf of people who don't have the mental capacity to do so for themselves.
The Deprivation of Liberty Safeguards include the following roles and responsibilities:
- Best Interest Assessor - an appropriately qualified and trained assessor who is responsible for co-ordinating the 6 assessments and deciding whether to authorise a Deprivation of Liberty
- Court of Protection - this is the special court that deals with issues relating to people who lack capacity to make specific decisions. It is also the court that can hear appeals concerning Deprivation of Liberty
- Managing Authority - this is the name for whoever has responsibility for managing the care home or hospital. It could be an individual, a company or an organisation. It is the managing authority who has to apply for an authorisation for Deprivation of Liberty.
- Relevant Person - this is a person who is, or maybe become, deprived of their liberty
- Relevant Person's Representative - this is the person appointed to keep in touch with the relevant person. They represent them in all matters relating to the Deprivation of Liberty Safeguards. They can be a friend or family member of the relevant person, or an independent advocate. They must be independent from the care home or hospital (they must not be related to the manager or owner, or have any financial interest in the care home or hospital).
- Supervising Authority - this is the local authority (for care and nursing homes) or the Primary Care Trust (for hospitals). They have responsibility for receiving requests for deprivation of liberty authorisations, arranging for the assessments to be carried out, and where appropriate, authorising deprivation of liberty.
- Kirklees Deprivation of Liberty Safeguards Multi-Agency Policy and Procedure
This document is a multi agency policy containing procedure and guidance regarding the Deprivation of Liberty for residents in care homes in Kirklees. - Basic introduction to the Safeguards for people who work with adults
- The Kirklees Deprivation of Liberty Safeguards pathway outlines the process for assessments, reporting and links to forms to be used at each stage.
- The Mental Capacity Act Deprivation of Liberty Safeguards: guidance to the forms
- Form 1: standard and urgent request
- Form 2: further authorisation request
- Form 3: BIA combined assessments
- Form 3A: BIA no deprivation
- Form 4: Mental Health eligibility capacity assessments
- Form 5: standard authorisation granted
- Form 6: standard authorisation not granted
- Form 7: suspension of standard authorisation
- Form 8: termination of representative
- Form 9:standard authorisation ceased
- Form 10: review request
- Form 11: IMCA referral
This guidance relates to the covert administration of medicines to individuals who are unable to give informed consent to treatment, and refuse to take tablets/capsules or liquid preparations when they are offered openly
These are a legal safeguard for people who lack the capacity to make specific important decisions. This includes making decisions about where they live and about serious medical treatment options. IMCAs are mainly instructed to represent people where there is no one independent of services, such as a family member or friend, who is able to represent them.
- Cloverleaf Advocacy: Kirklees is the Independent Mental Capacity Advocate Service provider for Kirklees
- Find out what do IMCAs do and who should get an IMCA?
- View more specific details about what family and friends, doctors, social care staff and others need to know about IMCAs information
The Relevant Person's Representative is the person appointed to keep in touch with the relevant person. They represent them in all matters relating to the Deprivation of Liberty Safeguards. They can be a friend or family member of the relevant person, or an independent advocate. They must be independent from the care home or hospital (they must not be related to the manager or owner, or have any financial interest in the care home or hospital).
The relevant person's representative can:
- ask for a review if the person's situation changes, for example if they are feeling much better and their care is being changed, or if they have regained the ability to make decisions.
- make a complaint if they don't feel that good practice is being followed
- apply to the Court of Protection to check if the care being provided within the care home or hospital is legal or to challenge any decisions that have been made.
- if an Independent Mental Capacity Advocate (IMCA) is involved, they can provide support with a review or with an application to the Court of Protection.
Safeguarding adults training courses for partner agencies, volunteers and community organisations.
Contact us
- Phone 01484 221718
- Email dols.admin@kirklees.gov.uk