Deprivation of Liberty Safeguards and the Mental Capacity Act 2005

What are the Deprivation of Liberty Safeguards (DoLS)?

The Mental Capacity Act 2005 allows for a different set of processes to be used to lawfully ‘deprive a person of their liberty’ (to take away some of their freedom). This is when they don’t have mental capacity to consent to that deprivation. These processes are called the Deprivation of Liberty Safeguards (DoLS).  

They might be followed if a person needs care that involves supervision and restriction. For example, they might apply if the person is living in a care home where their routine, and where they can go, are restricted. 

The Mental Health Act is specifically about detention for assessment and treatment rather than day-to-day care but there can be an overlap between DoLS and the Mental Health Act. 

This is a very complex area of law and is not always straightforward – particularly around whether it is most appropriate to follow DoLS or the Act. 

Any deprivation of a person’s liberty must be proportionate to protecting them (not anyone else) from harm. It must also be in the person’s best interests.