The Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act 2005. They provide protection for vulnerable people who are:
- staying in care homes or hospital
- in circumstances where their freedom is restricted
- where they lack the mental capacity to decide which care or treatment they need
Supreme Court Judgment definition
In 2014 the Supreme Court published a key judgment: “P v Cheshire West & Chester Council” and “P & Q v Surrey County Council”. This judgment provides a definition of what is meant by the term ‘deprivation of liberty’ which is described in the ‘acid test’ below. This test only applies to people who lack capacity to consent to care arrangements.
Managing Authorities can download the Law Society's Deprivation of Liberty: a practical guide.
When do DoLS need to be considered?
DoLS need to be considered when a person is under continuous supervision and control, and not free to leave. The DoLS previously only applied in hospitals and care homes. However, the criteria to for DoLS has expanded to more living arrangements. This means that many more individuals will be subject to a deprivation of liberty which come under the protection of the DoLS procedure.
An application for DoLS has to be made to the Court of Protection for:
- supported living environments
- adult placements
- small group homes
Before you start
Applying for a DoLS assessment
See below DoLS assessment application forms for people Harrow has responsibility for. These include people who:
- live in the borough, including self-funders
- those placed out of the borough but funded by the council or the Clinical Commissioning Group (CCG)
Standard and Urgent Requests: form 1
Once completed please return the forms to us either via:
- Safehaven fax machine: 020 8416 8269
- Secure email such as CJSM, Egress switch, Cisco: dols@harrow.gov.uk
Sending confidential information
If you need help sending confidential information securely, or need further advice and guidance, please contact our Safeguarding Adults team. Details are at the end of the page.