The Deprivation of Liberty Safeguards is the procedure prescribed in law when it is necessary to deprive of their liberty a resident or patient who lacks capacity to consent to their care and treatment in order to keep them safe from harm.
A care home or hospital needs to provide care in a way that will deprive someone of their liberty, the registered manager of the care home, or the NHS trust or authority that manages the hospital (the managing authority) is responsible for applying for an authorisation for the deprivation of liberty. The managing authority should do this either when someone is about to be admitted, or when they are already in hospital or the care home. It is unlawful to carry out an action that will deprive someone of their liberty, without an authorisation for this action being in place.
The application for a standard authorisation will be made to the supervisory body. In England this is the local authority. In Wales this depends on where the person is receiving care. For care homes, the supervisory body is the local authority, and for hospitals it is the local health board.
The supervisory body will arrange an assessment to decide whether the qualifying criteria for DoLS are met, and will either grant or refuse an authorisation.
In an emergency, the management of the hospital or care home may grant itself an urgent authorisation, but must apply for a standard authorisation at the same time. This urgent authorisation is usually valid for seven days, although the supervisory body may extend this for up to another seven days in some circumstances.
Before an urgent authorisation is given, steps should be taken to consult with carers and family members.
The managing authority can deprive a person of their liberty for up to seven days using an urgent authorisation. It can only be extended (for up to a further seven days) if the supervisory body agrees to a request made by the managing authority to do this.
When using an urgent...