Private client

Deprivation of liberty safeguards: a practical guide

Guide

30 Sep 2019

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The deprivation of liberty safeguards (DoLS) protect people who do not have the mental capacity to consent to treatment.

They apply to people who lack mental capacity who live in a:

care home
hospital
supported living environment

The safeguards make sure that any treatment a person in that situation receives is appropriate and in their best interests.

Liberty Protection Safeguards

Under the Mental Capacity (Amendment) Act 2019, the DoLS will be replaced by the liberty protection safeguards (LPS).

In July 2022, the government held a consultation on the proposed changes to the Mental Capacity Act code of practice and implementation of the LPS.

Read our response to the consultation on the draft code that will clarify how the LPS will work in practice

DoLS guidance

We’ve issued guidance on the law relating to DoLS. It helps solicitors and people working in health and social care to identify when a deprivation of liberty may be taking place.

The guidance includes fictional scenarios to explain the law following the landmark judgment of the Supreme Court in the case of Cheshire West (2014). This judgment:

led to an increase in the number of people in England and Wales who are considered to be “deprived” of their liberty for the purposes of receiving care and treatment
emphasised the importance of regular, independent checks to make sure that decisions being made about people deprived of their liberty are in their best interests

You can download the guidance in full or as individual chapters covering specific care settings.