Deprivation of Liberty Safeguards

This information is for managers in hospital or care homes who may need to apply for Deprivation of Liberty authorisation.

The Mental Capacity Act Deprivation of Liberty Safeguards (DoLS) is a law that protects cognitively impaired adults who may be deprived of their liberty in a care home or hospital setting.

It applies to people who are:

  • aged 18 and over
  • in a hospital or care homes
  • lacking the mental capacity to decide to be there

Many people in hospitals and care homes may have their liberty restricted but not all will be deprived of their liberty.

A person may be deprived of liberty if they are:

  • not free to leave of their own accord
  • subject to continuous supervision and control
  • unable to consent to this due to an impairment of their mind or brain

What you need to do

If possible, you should find less restrictive ways to deliver that person's care and treatement, which do not deprive them of their liberty.

If you're not sure if you're depriving a person of their liberty:

Contact dols@hounslow.gov.uk for advice, providing details of the person's situation.

If you are depriving a person of their liberty:

You need to identify the relevant supervisory body.

This is normally the local authority which is funding their placement, or (where health-funded) the local authority where the person was ordinarily resident before admission.

There are special rules for people entitled to mental health aftercare (S117 MHA) and for people who move in as self-funders.

You can ask for advice by email if you need it:

If we, the London Borough of Hounslow, are the supervisory body, you need to request authorisation from us.

It is unlawful for a hospital or care home to deprive a person of liberty without obtaining authorisation.

You also need to inform the Care Quality Commission about the outcome of a DoLS request.

Requesting authorisation

You can request DoLS authorisation in a number of different circumstances, which require different forms.

You can see an overview of DoLS forms on GOV.UK.

You can apply online for a further authorisation request (form 2). For all other types of authorisation, you need to complete a paper form.

Apply for a further standard DoLS authorisation

Where to send forms

You can send completed DOLs authorisation forms (other than form 2) to us by email:

Sending emails securely

When sending DOLs authorisation forms, please be aware of GDPR legislation. Emails are likely to contain confidential personal information and must only be sent by secure methods. If using email other than nhs.net accounts, you can email us first to request a secure email link.

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