Deprivation of Liberty in the community (CDoL)
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 was 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.
Following a Supreme Court judgement in 2014, the legislation now covers people cared for in the community. Supervisory Bodies now need to seek approval from the Court of Protection when someone who is over 16 years old is being cared for in a way that deprives them of liberty in the community.
Who do the safeguards cover?
People 16 years and above in the community (supported living and private homes) 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.
Why a social worker (or other professional) may have discussed this with you?
Any families, friends or staff members in touch with the person who believe that a person is being deprived of their liberty in the community should inform the responsible body (local government or health body) so that they can carry out the necessary assessments.
A family member or friend cannot authorise deprivation of liberty even if they have power of attorney for health and welfare. It can only be authorised by the Court of Protection.
Please contact the Supervisory Body, The London Borough of Bromley at community.dol@bromley.gov.uk if you need further clarification.