How To Obtain A DOLS Order

The Deprivation of Liberty Safeguards (DoLS) are designed to protect individuals who lack the capacity to consent to their care or treatment and, as a result, are deprived of their liberty. The safeguards usually apply to individuals over the age of 18; however, it is becoming increasingly common for the safeguards to also be applied to those aged 16 and 17, in recognition of young adults’ independence and the greater protection afforded when compared to the Family provisions. The safeguards operate to ensure the circumstances and practicalities of the Protected Party being deprived of their liberty are reasonable and proportionate. The starting position is that there can be no deprivation of liberty unless:

A DOLS order

A DoLS order will become necessary when a Protected Person is due to be deprived of their liberty or their liberty is currently being deprived. A person is classed as having their liberty deprived if they are under continuous supervision and control and/or are unable to leave their placement. This applies to both public and private arrangements. In determining whether a person’s liberty has been deprived, the circumstances of the deprivation should also be considered, such as the purpose of the placement, its normality, and the person’s compliance, as it is possible that the reality of the situation may render there is no deprivation of liberty.

Where this is a deprivation of liberty in accordance with the above, the first step should be to obtain a DoLS in accordance with Schedule A1. Ideally, the managing authority responsible for the Protected Person’s placement should seek standard authority within 28 days before the Protected Person’s liberty is due to be deprived. This requires an application to be made to the relevant Local Authority seeking a deprivation for a period of up to 12 months. The Local Authority will then appoint an assessor to review the proposed deprivation, during which several factors will be considered, and thereafter an appropriate DoLS order will be put in place. This process will need to be repeated on expiry of the DoLS order.

In the event a person’s liberty becomes deprived before an application for standard authorisation can be made, the managing authority is able to put in place an urgent authorisation of a DoLS, which can deprive a person’s liberty for up to 7 days only. Managing authorities should take caution when seeking to implement an urgent DoLS, as there are several conditions to adhere to, and this should be reserved for those critical instances.

Once a DoLS has been obtained, an order will be issued depriving the person of their liberty. The order will be confined to the placement for which the DoLS was obtained, and in the event the person subject to the DoLS is due to relocate, a further DoLS should be obtained in accordance with the standard authority process.

Where a DoLS cannot be obtained in accordance with Schedule A1, the next step should be to apply to the Court of Protection seeking such an order. On receipt of an application, the Court of Protection will consider the application and all circumstances before making an order in accordance with the Protected Person’s best interests.