Deprivation of Liberty Safeguards
The term ‘Deprivation of Liberty’ (DoL) comes from the European Convention on Human Rights (ECHR) and is about protecting people from situations where their freedom may be taken away. Article 5 of the ECHR states that it is unlawful for someone to be deprived of their liberty without their consent unless it has been authorised by a fair and proper legal process.
The Deprivation of Liberty Safeguards, introduced as an amendment to the Mental Capacity Act in April 2009, aim to prevent decision making which deprives people of their liberty unless properly authorised. This applies only in care homes and hospitals.
Who do the safeguards cover?
People 18 years and above in registered care homes and in hospitals who have an impairment, illness, or injury that affects the functioning of their mind or brain, and who lack the capacity to consent to the care provided, where that care may include the need to deprive people of their liberty. It does not apply to people detained under the Mental Health Act (1983).
Forms and guidance
Standard Deprivation of Liberty Safeguards forms and guidance documents, to be used by the following, are available from the Department of Health website.
- Medical assessors (including doctors) and best interests assessors
- Hospitals and care homes - are 'Managing Authorities', responsible for identifying when a deprivation of liberty is occurring within their own service provision and for making referrals to the designated 'supervisory body'.
- Supervisory body – is the local authority responsible for placement in the care home or with ordinary residence for the person admitted into hospital.
Completed forms should be returned to Deprivation of liberty safeguards team by email.
Further information
Any families, friends or staff members in touch with care homes or hospitals who believe that a person is being deprived of their liberty should inform the relevant managing authority, so that they can take the necessary actions. If the managing authority does not then promptly deal with the matter in a satisfactory way the concerned party can refer the issue to the relevant supervisory body (The London Borough of Bromley) using the contact details on this page.
Explanatory leaflets are available on GOV.UK