DoLS stands for the Deprivation of Liberty Safeguards. It’s a UK law passed in 2005 to protect people who lack mental capacity to make decisions about their own health and wellbeing.
The DoLS procedure is designed to safeguard people who do not have the mental capacity to consent to key decisions such as medical treatment, a stay in hospital, or being taken into a care home. Effectively, any decision that would result in that person being deprived of their liberty.
Deprivation of Liberty Safeguards is only applied in specific cases
In the vast majority of healthcare situations, patients have a relative or a close friend who they entrust to make care and wellbeing decisions on their behalf. Some people decide to legally appoint their decision maker/s by taking out Lasting Power of Attorney (LPA) before their health deteriorates.
DoLS comes into effect when an individual lacks mental capacity to represent their views and has no family member or person they can call on for help.
Supporting people in hospitals and care homes
The current Deprivation of Liberty Safeguards legislation only applies to individuals aged 18 and over who are currently residing in hospitals and care homes. There were plans to broaden the scope of legislation but these are on hold. See below for more details.
Examples of when DoLS might be used
Under the Mental Capacity Act 2005, you can only be deprived of your liberty if it’s in your own best interests. DoLS is only used in cases where people are unable to express themselves or communicate their wishes effectively. It’s also used in situations where individuals might be frustrated or unhappy with recommendations being made about their care or treatment.
The procedure is commonly implemented where individuals have been diagnosed with degenerative conditions like dementia or Alzheimer’s, and to support people with learning disabilities and autism.
These are all examples of when a Family Welfare independent advocate might be called in.
How an independent advocate supports individuals under DoLS
Before a person can be deprived of their liberty, a series of six assessments must be carried out to decide if the decision is correct. Once the relevant agencies have gained authorisation to apply the DoLS procedure, an Independent Mental Capacity Advocate (IMCA) must be appointed. Our Family Welfare advocates are experienced listeners. They put the person’s wishes at the heart of the decision making process.
The IMCA’s role is to assume the thoughts and feelings of an individual, and to express that person’s perspective when they aren’t able communicate it themselves.
Effectively, their role has four stages:
1.To listen to the individual and understand their values and beliefs, what they think and how they feel about their situation
2.To seek and evaluate information about the case, to help them make an informed decision on behalf of the individual
3.To challenge health and wellbeing recommendations keeping the person’s wishes at the heart of the process at all times
4.To report and document their findings fully.
Discover more about the DoLS IMCA role and how to make a referral.
Future developments
You may have read our previous post about DoLS being replaced by the Liberty Protection Safeguards in April 2022. This new legislation would have extended the the scope and length of remit to include adults from age 16 living in supported accommodation, shared lives and private homes. At the present time, the LPS is under government consultation and Family Welfare, along with a host of other agencies, awaits news of future developments during the winter months.