Deprivation of Liberty Safeguards (DoLS)

For advice and guidance please contact the joint administrative office for the two Supervisory Bodies for Buckinghamshire (Primary Care Trust and Buckinghamshire County Council).

DoLS Advice Line: 01296 382195
Fax number for referrals: 01296 383338
Email: dols@buckscc.gov.uk

Requesting a deprivation of liberty authorisation

Complete the relevant form and then send by fax to 01296 383338.

To ensure security of sensitive information please do not send by email.

What you should consider before applying for authorisation

What is Deprivation of Liberty Safeguards?

The Deprivation of Liberty Safeguards (DoLS) has been introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007 and is effective from 1 April 2009.

Some people living in hospitals and care homes cannot make their own decisions about their treatment and/or care because they lack the mental capacity to do so. They need more care and protection than others to ensure they don't suffer harm. Treating and caring for people who need extra protection may mean restricting their freedom to the point of depriving them of their liberty.

This legislation provides a legal framework for authorising a deprivation of liberty so that treatment or care can be provided in a care home or hospital (the Managing Authority) for people who lack mental capacity. This is irrespective of whether they are placed there under public or private arrangements.

The Managing Authority must apply to its Supervisory Body (local authority or primary care trust) to have someone assessed where it is believed that they should be deprived of their liberty in order to prevent them from harm.

Process overview

Process overview flowchart (PDF)

The Supervisory Body arranges assessments to see whether it would be in the person's best interests, and either grants or denies the Managing Authority authorisation to deprive the person of their liberty.

However, once a person in a hospital or care home has a MCA DoLS authorisation, a representative is appointed to support them and look after their interests. The hospital or care home (together with the Primary Care Trust and Buckinghamshire County Council) must:

Make regular checks to see if the authorisation is still necessary
Remove the authorisation where it is no longer necessary
Provide the person who has an MCA DoLS authorisation and their representative with information about the authorisation and their rights and entitlements

If the person deprived of their liberty or their representative does not agree with the decision, the new system gives them the right to appeal against the decision in a court.

Training for care homes and hospital managers

Formal DoLS training sessions are being offered through Buckinghamshire County Council. Procedural training is for Managing Authorities (care homes and hospitals) and awareness training is for professional staff who need an understanding of the DoLS process in the course of their work.

For information please contact 01296 382630 or email dols@buckscc.gov.uk. MCA e-learning packages are also available via the same contact.