The Deprivation of Liberty Safeguards (DoLS) form part of the Mental Capacity Act 2005 (MCA) and provide legal protection for people who lack the mental capacity to consent to arrangements made for their care or treatment that amount to a deprivation of their liberty. The safeguards are designed to ensure that any deprivation of liberty is lawful, necessary, proportionate, and in the person’s best interests. [gov.uk]
Although the Liberty Protection Safeguards (LPS) were introduced through the Mental Capacity (Amendment) Act 2019 as the intended replacement for DoLS, they have not yet been implemented. At present, DoLS remains the legal framework in England and Wales for authorising deprivation of liberty in care homes and hospitals. [careengland.org.uk], [gov.uk]
Following the Supreme Court judgment in Cheshire West, a deprivation of liberty is likely to exist where a person:
Where these conditions are met in a hospital or care home setting, a DoLS authorisation may be required to ensure the arrangements are lawful.
Before a standard authorisation can be granted, six assessments must be completed.
Confirms that the person is aged 18 years or over, as DoLS only applies to adults.
Confirms that the proposed arrangements do not conflict with:
Determines whether the individual lacks capacity to decide about the care and treatment arrangements that give rise to the deprivation of liberty.
Confirms that the person has a mental disorder within the meaning of the Mental Health Act 1983.
This assessment must be completed by a suitably qualified Mental Health Assessor, usually a doctor with appropriate expertise and approval.
Determines whether the individual is eligible for DoLS and whether the Mental Health Act 1983 should instead be used.
This assessment is not undertaken by the person’s GP.
Determines whether:
The Best Interests Assessor must be independent and must not be directly involved in the person’s care planning.
GPs are not responsible for undertaking statutory DoLS assessments as part of their NHS contractual obligations. However, they may be asked to:
Practices should ensure that any requests for reports are reviewed in accordance with local LMC guidance on non-contractual work and private fees.
Since changes introduced by the Policing and Crime Act 2017, the fact that a patient was subject to a DoLS authorisation at the time of death does not, by itself, require a Coroner’s investigation or inquest. [judiciary.uk], [sintons.co.uk]
Referral to the Coroner may still be required where:
DoLS continues to provide the legal framework for authorising deprivation of liberty in hospitals and care homes for adults who lack capacity. While GPs may contribute background clinical information, they are not required to undertake the statutory assessment roles. Practices should be aware of the assessment process, the limits of GP responsibilities, and the current position regarding Coroner notification following the death of a patient subject to DoLS authorisation. [gov.uk], [careengland.org.uk]
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