Deprivation of Liberty Safeguards (DOLS)

The Deprivation of Liberty Safeguards (DOLS) came into effect from 1^st April 2009, as an amendment to the Mental Capacity Act 2005 (MCA).

At times, some people will need to be deprived of their liberty in their best interests, to protect them from harm. DOLS are an important new protection for people who are at risk of being deprived of their liberty in a hospital or a registered care home, who lack capacity to consent to the arrangements and are not detained under the Mental Health Act 1983.

Registered homes and hospitals are ‘managing authorities’ for DOLS and they have the responsibility for preventing unnecessary deprivations of liberty and recognising when a deprivation of liberty is occurring or is likely to occur. They are also responsible for granting ‘urgent authorisations’ and referring to the ‘statutory body’ for a DOLS assessment to grant a ‘standard authorisation,’ using the standard forms  available from the Department of Health.

The statutory bodies in Hampshire are

• Hampshire County Council - for registered care homes
• Hampshire Primary Care Trust - for hospitals

They will be operating a joint DOLS procedure, have a joint referral and assessment process and a common contact point via the DOLS Administrator.

• The Hampshire DOLS Procedure can be found on the Adult Services procedure 10/09 web page

• The Hampshire DOLS Process flowchart

• The Mental Capacity Toolkit

The Hampshire DOLS Tool  267kb has been designed to help Managing Authorities and commissioners of care consider whether an individual may be being deprived of their liberty.

The Tool is based upon the factors seen as relevant in identifying deprivations of liberty in the Deprivation of Liberty Safeguards code of practice, chapter 2.5.

Hampshire County Council and Hampshire Primary Care Trust are the Supervisory Bodies for Registered Homes and Hospitals effected by the Deprivation of Liberty Safeguards.

Hampshire County Council is operating a joint process to manage these safeguards from 1 April 2009. All referrals should be made to

• The DOLS Administrator (based at Adult Services Headquarters)
  Tel: 01962 845213
  Email:DOLS.Administration@hants.gov.uk
  Email for NHS regarding DOLS:hp-tr.dolsadministration@nhs.net