Introduction to Deprivation of Liberty Safeguards (DOLS)
What are Deprivation of Liberty Safeguards / DOLS?
The Mental Capacity Act Deprivation of Liberty
Safeguards (formerly known as the Bournewood safeguards) were
introduced into the Mental Capacity Act 2005 through the Mental
Health Act 2007 (which received Royal Assent in July 2007).
The MCA DOL safeguards apply to anyone:
- aged 18 and over
- who suffers from a mental disorder or disability of the mind -
such as dementia or a profound learning disability
- who lacks the capacity to give informed consent to the
arrangements made for their care and / or treatment and
- for whom deprivation of liberty (within the meaning of Article
5 of the ECHR) is considered after an independent assessment to be
necessary in their best interests to protect them from harm.
There is no simple definition of deprivation
of liberty. The question of whether the steps taken by staff or
institutions in relation to a person amount to a deprivation of
that person’s liberty is ultimately a legal question, and only the
courts can determine the law. The guidance provided seek to assist
staff and institutions in considering whether or not the steps they
are taking, or proposing to take, amount to a deprivation of a
person’s liberty. The deprivation of liberty safeguards give best
interests assessors the authority to make recommendations about
proposed deprivations of liberty, and supervisory bodies the power
to give authorisations that deprive people of their liberty.
These safeguards focus on those in hospital or
within care homes who for their own safety and in their own best
interests need to be accommodated under care and treatment regimes
that may have the effect of depriving them of their liberty, but
who lack the capacity to consent.
The deprivation of a person's liberty is a serious matter and
should not happen unless it is absolutely necessary and these
safeguards have been created to ensure that any decision to deprive
someone of their liberty is made following defined processes and in
consultation with specific authorities.
Read the
Mental Capacity Act and Deprivation of Liberty Safeguarding
Briefing - December 2009
What needs to happen now?
If you know of anyone in the borough that may
be deprived of their liberty in relation to the above criteria, you
need to apply for a standard or urgent authorisation, by
contacting:
Tower Hamlets DOLS Service
7th Floor
Anchorage House
2 Clove Crescent
East India Dock
London E14 2BE
Tel: 020 7364 2019
Fax: 020 7364 2277
Email: DOLS@towerhamlets.gov.uk
The need for the appropriate assessments will
be coordinated and such assessments will be conducted, where
necessary.
The appropriate application forms need to be completed in order for
this process to commence.