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 protection for people who are at risk of being deprived of their liberty in a hospital or a Care Quality Commission(CQC) 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 ‘Supervisory Body’ for a DOLS assessment to grant a ‘standard authorisation’.
The Supreme Court laid down an acid test to assist homes and assessors to identify a deprivation of liberty on 19 March 2014.
This acid test states:
‘The person is under continuous supervision and control and is not free to leave, and the person lacks capacity to consent to these arrangements.’
The Supreme Court ruled that the following factors are not relevant to whether or not someone is deprived of their liberty:
the person’s compliance or happiness or lack of objection
the suitability or relative normality of the placement (after comparing the person’s circumstances with another person of similar age and condition)
the reason or purpose leading to a particular placement
The Law Society has issued a comprehensive guidance on the law relating to the deprivation of liberty safeguards
Hampshire County Council is the Supervisory Body for all people who may be deprived of their liberty in a hospital or care home, lack capacity to consent to this and are ‘ordinarily resident’ in Hampshire.
Persons who are deprived of their liberty in other settings, such as Supported Living or their own homes cannot have this authorised through the DOLS process. See guidance below:
The Hampshire DOLS Procedure: 07/13 Deprivation of Liberty Safeguards (DOLS) 480 kB
The Hampshire DOLS leaflet 241 kB
All referrals and enquiries should be made to:
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Hampshire County Council DOLS Team started using the new DOLS forms on Monday 27 April 2015.
These forms have been developed by ADASS and the Department of Health to streamline the DOLS process and still be fully compliant with the DOLS regulations. There is also guidance for using these forms that has been issued by ADASS and the Department of Health.
Homes and hospitals - for applications, urgent authorisations and extensions use Form 1
Renewal and suspension of authorisation - submit the shorter Form 2.
Reviews - the current review forms will be replaced by form 10, this should be used if the qualifying requirements may no longer be met – and when a managing authority feel that a DOLS needs to end ie if a person leaves a care home / hospital.
Form 10: Review request 101 kB
Coroner - There is now a form 12 for the Managing Authority to submit to the Coroner and Supervisory Body should a person die whilst subject to a DOLS authorisation. This will end the authorisation.
Best Interest Assessors (BIAs) - for all BIA assessments use Form 3.
Drs - record all Drs assessments on Form 4
Independent Mental Capacity Advocate (IMCA)
Form 11: IMCA Referral 97 kB
The Deprivation of Liberty Safeguards Code of Practice, published by the Department of Health for more information
What are the Mental Capacity Act 2005 Deprivation of Liberty Safeguards?: Department of Health