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Deprivation of Liberty Safeguards (DoLS)

You or someone you know may be in a care home or a hospital and lack the mental capacity to make decisions about your treatment or care. In some circumstances, it may be necessary to introduce measures that deprive you or someone you know of their liberty to keep them safe.

When you/someone your know is being deprived of their liberty

  • you are being deprived of your liberty if you lack the mental capacity to consent to your care or treatment, and;
  • you are under continuous supervision and control and;
  • you are not free to leave

Below are examples of how staff at the hospital or care home might deprive you of your liberty:

  • staff don’t allow you to leave the hospital or care home
  • staff physically restrain you
  • staff give you medication to control your behaviour

What is DoLS?

Deprivation of Liberty Safeguards (DoLS) are there to make sure that: 

  • if you lack the mental capacity to consent to care or treatment you are not deprived of your liberty when it is not in your best interests; and
  • you are able to challenge any measures which deprive you of your liberty
To lawfully deprive you of your liberty, your care home or hospital must first ask our permission

We'll arrange appropriate professionals to assess you to find out:

  • whether or not you have the mental capacity to make your own decisions about your care and/or treatment
  • whether the circumstances for depriving you of your liberty meet the legal requirements and are in your best interests

If we agree that it's necessary to deprive you of your liberty, we'll make sure that the measures introduced to deprive you of your liberty:

  • are the least restrictive required;
  • are proportionate to the risk posed, and;
  • are in place for as short a time as is necessary

If we don't agree, the care home or hospital must make sure that they don't illegally deprive you of your liberty.

I am being deprived of my liberty, but I am not in a hospital or care home

It's possible to deprive somebody of their liberty outside of a hospital or care home. For example in supported housing or a shared living accommodation. In cases like these an application to the Court of Protection should be made.

Contact details

If you are in care home provider or hospital, or if you (or somebody you care for) have been placed in a care home or hospital and you'd like to know more about Deprivation of Liberty Safeguards, contact us on the following details:

T: 0207 525 1754
E: Dols@southwark.gov.uk

Page last updated: 07 June 2022

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