The Deprivation of Liberty Safeguards (DOLS) provide protection for:
people aged 18 and over
who lack the capacity to consent to the care or treatment they need
whilst they are in a hospital, care home or other residential setting
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
is the only way to keep them safe
it is the least restrictive option
for as short a time as possible
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.
Managing Authorities have to apply for an authorisation following the DOLS process. Managing authorities are:
Registered Care Homes (residential homes and homes with nursing)
Hospitals (including independent, community and acute hospitals)
There are two practice documents that explain the process in detail:
The DOLS process
For information on how to apply please visit Cornwall Council dedicated webpage: