Deprivation of Liberty Safeguards

Overview

Sometimes people who lack capacity to make significant decisions for themselves, need to receive care or treatment in a hospital, care home or in a setting such as supported living, and the only way they can get the care or treatment they need, and be safe, is for there to be restrictions in place that may amount to them being deprived of their liberty.

The Human Rights Act tells us that no one can be “deprived of their liberty” except in certain situations and only if in accordance with a procedure prescribed by law.

Deprivation of Liberty Safeguards (DOLS)

Sometimes people who lack capacity to decide about treatment and care may need to be cared for in a way that deprives them of their liberty.

If they are living in a hospital or care home the legal process that should be followed is Deprivation of Liberty Safeguards (DOLS).

Learn about DOLS on GOV.UK

For general enquiries about DOLS please contact their duty number on 01772 535444.

Court of Protection Deprivation of Liberty (COPDOL)

If people who lack capacity to decide about treatment and care are being deprived of liberty in a place that is not a hospital or care home, for example supported living or at home, then Court of Protection Deprivation of Liberty (COPDOL) is the legal process that should be followed.

You can find out more about COPDOL here.

Liberty Protection Safeguards (LPS)

Liberty Protection Safeguards (LPS) is a new legal framework which will replace the DOLS and COPDOL, whilst embedding the Mental Capacity Act into everyday practice.

We are currently awaiting updated timescales from the government as to when the LPS will be implemented.

You can find out more about LPS from GOV.UK.

For further information please e-mail: marie.delaney@lancashire.gov.uk

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