DoLS are a set of safeguards to protect adults who are unable to make decisions about where they live and their care, who are in a hospital or care home.
If a person is under continuous supervision or control, and are not free to leave then North Yorkshire County Council will need to deprive them of their liberty to keep them safe and ensure that the care or treatment they are receiving is in their best interests. The deprivation of liberty safeguards set out a process to be followed by hospitals or care homes before they can deprive someone of their liberty. The safeguards apply to people over the age of 18.
They also allow for a representative to be authorised to act on a person’s behalf.
They give a right of challenge to the Court of Protection against unlawful deprivation and give individual’s rights for their deprivation of liberty to be reviewed and monitored regularly.
To find out more about your rights you can look at our easy read guide to DoLS:
When deprivation of liberty safeguards can be authorised
A hospital or registered care home must provide a specific treatment or care / support plan that is in the person’s best interests. Doctors and care professionals involved must be satisfied that there is no more suitable plan that would be less restrictive. The hospital or care home must then apply to the supervisory body, which will carry out assessments. If all criteria are met, an authorisation will be granted for the shortest possible time, but for no longer than 12 months. The person and their family must be involved as much as possible in any decision made about them.
There are lots of other online resources that may be useful:
- Deprivation of liberty safeguards – a guide to the forms (pdf / 757 KB)
- Deprivation of liberty safeguards – a practical guide (pdf / 1 MB)
- Deprivation of liberty safeguards – a guide for relevant person’s representatives (pdf / 141 KB)
- Mental capacity act 2005 – a guide for family, friends and unpaid carers (pdf / 99 KB)
- Mental capacity act 2005 – deprivation of liberty safeguards and you (pdf / 946 KB)
- The independent mental capacity advocate (IMCA) service (pdf / 242 KB)
- Protecting you in your care home and in hospital (an easy read guide to the deprivation of liberty safeguards) (pdf / 3 MB)