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D.O.L and the Law / Mental Capacity

What is a deprivation of liberty?

Article 5 of the Human Rights Act states that ‘everyone has the right to liberty and security of person. No one shall be deprived of his or her liberty [unless] in accordance with a procedure prescribed in law’. The Deprivation of Liberty Safeguards (DoLS) is the procedure prescribed in law when it is necessary to deprive of their liberty a resident or patient who lacks capacity to consent to their care and treatment in order to keep them safe from harm.

A Supreme Court judgement in March 2014 made reference to the ‘acid test’ to see whether a person is being deprived of their liberty, which consisted of two questions:

  • Is the person subject to continuous supervision and control?  and
  • Is the person free to leave? (permanently) – with the focus, the Law Society advises us, being not on whether a person seems to be wanting to leave, but on how those who support them would react if they did want to leave.

If someone is subject to a high level of supervision, and is not free to leave the premises permanently, then it is almost certain that they are being deprived of their liberty. Each case must be considered on its own merits, but in addition to the two ‘acid test’ questions, if the following features are present, you must request the completion of assessments for a deprivation of liberty authorisation:

  • frequent use of sedation/medication to control behaviour
  • regular use of physical restraint to control behaviour
  • the person concerned objects verbally or physically to the restriction and/or restraint
  • objections from family and/or friends to the restriction or restraint
  • the person is confined to a particular part of the establishment in which they are being cared for
  • the placement is potentially unstable
  • possible challenge to the restriction and restraint being proposed to the Court of Protection or the Ombudsman, or a letter of complaint or a solicitor’s letter
  • the person is already subject to a deprivation of liberty authorisation which is about to expire.

The above was taken from https://www.scie.org.uk/mca/dols/at-a-glance/

Safeguarding adults and Deprivation of Liberty Safeguards (DoLS) teams

The Deprivation of Liberty Safeguards (DoLS) team support the most vulnerable members of our community within care homes, nursing homes and hospitals by providing thorough assessments for individuals who lack the capacity to consent to their care and accommodation arrangements. We work diligently to uphold their rights, ensuring that any restrictions on their freedom are lawful, necessary, and in their best interests. The team ensure that they promote the principles of the Mental Capacity Act 2005 and the Human Rights Act 1998.

the Safeguarding Adults Team promote the safety and well-being of adults at risk from abuse, neglect, and exploitation. We work collaboratively with individuals, partner agencies, families, and the community to ensure that every adult in Darlington can live a life free from harm. Our mission is to promote safety, well-being, and dignity through proactive interventions, and collaborative protection plans/risk assessments. The Team promote the principles of making safeguarding personal ensuring that the individual’s voice is heard throughout the process and steps are put in place to support the individual to feel safer and achieve their desired outcomes.

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