DoLS and the MCA - Safeguarding Matters

Published: July 22, 2019, 2 p.m.

Deprivation of Liberty Safeguards (DoLS) are an aspect of the Mental Capacity Act (MCA).\xa0

In certain cases, the restrictions placed upon a person who lacks capacity may amount to "deprivation of liberty". This must be judged on a case-by-case basis.

Where it appears a deprivation of liberty might happen, the provider of care (usually a hospital or a care home) has to apply to their local authority.

They'll then arrange an assessment of the person's care and treatment to decide if the deprivation of liberty is in the best interests of the individual concerned.

If it is, the local authority will grant a legal authorisation. If it isn't, the care and treatment package must be changed \u2013 otherwise, an unlawful deprivation of liberty will occur. This system is known as the Deprivation of Liberty Safeguards.

In this episode of Safeguarding Matters, Laura Thorpe talks to ACT's adult safeguarding lead Lisa Curtis about DoLS. They talk about situations that could constitute DoLS, and the sort of factors to consider when making a decision.