What are the Deprivation of Liberty Safeguards?
The Deprivation of Liberty Safeguards (DOLS) provide protection for:
- people aged 18 and over, and
- who lack the capacity to consent to the care or treatment they need
They live in hospitals or care homes that amount to a deprivation of their liberty.
The DOLS are an extension of the Mental Capacity Act 2005 (MCA). DOLS are a framework for acting and making decisions on behalf of people who lack the mental capacity to do so for themselves.
It introduced some laws to protect people and ensure that they are given every chance to make decisions for themselves.
The MCA and DOLS state that deprivation of liberty should be:
- avoided wherever possible
- authorised only in cases where:
- it is in the relevant person's best interests, and
- is the only way to keep them safe
- for as short a time as possible, and
- for a particular treatment plan or course of action
Authorisation to deprive someone of their liberty
Deprivation of Liberty can be authorised by ‘Supervisory Bodies’, subject to the qualifying criteria being met. In Cornwall the Supervisory Body is Cornwall Council.
- Registered Care Homes (residential homes and homes with nursing)
- and hospitals (including independent, community and acute hospitals)
have to apply for an authorisation following the DOLS process.
There are two practice documents that explain the process in detail:
- Deprivation Liberty Safeguards Code of Practice
- supplements the main Mental Capacity Act Code of Practice
The DOLS process
1. Download and complete the form below
2. Email the completed form to dolsapplication@cornwall.gov.uk
3. A member of our DOLS team will call you to discuss and get further details over the phone
4. You will receive a letter confirming the status of your application enclosing a copy of the DOLS referral form for your records.
- Please ensure you add your email address to the contact form to allow us to email you the forms
- You may receive these by post if you prefer, just let the worker know when discussing your application
- We answer queries and provide information at the time of application to support any Managing Authority that needs it
- If you have any questions regarding this or any other DOLS queries, please contact the DOLS team for help and support
Managing high volumes of assessments
The timescales for assessment can (in some cases) exceed the statutory requirements. We work hard to avoid any unnecessary delays.
Our processes reflect national guidance supplied by the Association of Directors of Adult Social Services. This includes implementing DOLS Priority Criteria to enable us to triage application.
Resources
- DOLS A Guide for the Relevant Person's Representative
- DOLS ‘What you need to know’ – Easy read
- MCA and DOLS - A Guide for Families and Carers
Research Studies