The DoLS Process
Scope of this chapter
Article 5 of the Human Rights Act 1998 states that “everyone has the right to liberty and security of person and no one shall be deprived of his or her liberty unless in accordance with a procedure prescribed in law”.
Deprivations of liberty that have not been authorised by either the local authority (through the DoLS framework) or the Court of Protection are unlawful and a breach of a person’s basic human rights.
This chapter explains the DoLS application and authorisation process.
Note: This chapter only applies to care home services. This is because the DoLS framework does not apply in any other care settings. For guidance on responding to a deprivation of liberty in other settings, see: Responding to a Deprivation of Liberty.
Relevant Regulations
Related Chapters and Guidance
- Equality, Diversity and Human Rights
- Recognising a Deprivation of Liberty
- Responding to a Deprivation of Liberty
- Monitoring and Reviewing Restrictions
- Deprivation of Liberty Safeguards: Code of Practice
- Deprivation of liberty safeguards: forms and guidance
Amendment
Section 2, Standard authorisation – new requests was updated in August 2024 to clarify that the managing authority should monitor the progress of the application and contact the supervisory body for a progress update if they are concerned about any delays in the process.
Relevant person: This is the name given to the person that is going to be deprived of their liberty.
Managing authority: This is the name given to the registered manager at the care home that is making the application.
Supervisory body: This is the local authority that receives the application and decides whether a standard authorisation should be granted.
Standard authorisation: A standard authorisation is an authorisation granted after the DoLS process has been completed.
Urgent authorisation: An urgent authorisation is an authorisation that the managing authority can grant to itself. It can only be used as an interim short-term measure whilst a standard authorisation request is being considered.
This section applies when a relevant person does not already have a standard authorisation in place. If they have a standard authorisation that is coming to an end, see Section 5, Further standard authorisation requests for the same person below.
Form 1: Standard Request, Urgent Authorisation and Extension to Urgent
Please note, before downloading the form from the government website, check whether your local authority has its own version and application process that they require you to use.
If using the government form, the sections of the form relating to standard authorisations should be completed. This is pages 1-5.
There is guidance to support you to understand and complete each section of the form:
The Mental Capacity Act Deprivation of Liberty Safeguards: Guidance to the Forms
The relevant person must not be deprived of their liberty until the standard authorisation has been granted. If there are exceptional circumstances and this is not going to be possible, the urgent authorisation section of the form must be completed at the same time as submitting the request for a standard authorisation (see Section 3, Urgent authorisation below).
The form must be submitted to the supervisory body in line with local processes.
The supervisory body should confirm receipt of the application. If no such confirmation is received within 24 hours, the managing authority should contact them to make sure the application has been received.
The supervisory body is responsible for completing the DoLS process and deciding whether a standard authorisation should be granted.
The supervisory body has a maximum of 21 days in which to complete the process and grant the standard authorisation.
The managing authority should monitor the progress of the application and contact the supervisory body for a progress update if they are concerned about any delays in the process.
Standard authorisations must be provided to the managing authority as soon as possible. The record should be kept on the relevant person’s file.
If the supervisory body does not grant a standard authorisation, the restrictions depriving the person of their liberty must end with immediate effect. The supervisory body should explain why they have not granted the standard authorisation, and offer advice about steps the service should take to provide less restrictive support.
The supervisory body will provide a copy of the standard authorisation to the relevant person.
It is the responsibility of the managing authority to take reasonable steps to ensure that the relevant person understands the following:
- The effect of the authorisation;
- Their right to make an application to the court to review the authorisation;
- Their right to request the supervisory body reviews the authorisation;
- Their right to a section 39D IMCA and how to have one appointed (see below).
A record should be made of steps taken to help the relevant person understand the above, and any views they have expressed about requesting a review or a section 39D IMCA.
Section 39D IMCA
A section 39D IMCA is an Independent Mental Capacity Advocate appointed under section 39D of the Mental Capacity Act 2005. The purpose of a section 39D IMCA is to make a request to either the court or supervisory body for a review of a standard authorisation when the relevant person (or the Relevant Person’s Representative) wants to do this but does not feel able to do so without support.
If either the relevant person or their RPR requests a section 39D IMCA, the managing authority must let the supervisory body know so that arrangements can be made.
As soon as possible after granting a standard authorisation, the supervisory body must appoint a Relevant Person’s Representative (RPR). Often, the supervisory body will appoint a family member or friend as the RPR. Sometimes they will appoint a solicitor or other professional, known as a Paid Relevant Person’s Representative.
The role of the RPR is to represent and support the relevant person in all matters relating to, or in connection with the deprivation of liberty. The RPR must also support the relevant person to request the authorisation is reviewed, if they ask to do this or if they show signs that they are not happy with the arrangements.
Note: It is the responsibility of the supervisory body to make sure that the RPR understands and is supported to fulfil their role.
To support the RPR to fulfil the requirements of their role, the service should involve them in all matters relating to or connected with the relevant person’s care arrangements. For example, changes to care or support plans, reviews and conversations about how care and support is provided. If the managing authority is concerned that an RPR is not fulfilling the role, they should let the supervisory body know. For example, if they hardly ever contact the relevant person or have little interest in how their care and support is provided.
Further information about the DoLS process of the supervisory body, the role of IMCA’s and the RPR role see: The Mental Capacity Act 2005 Resource and Practice Toolkit.
Note: Urgent authorisations should only ever be used by the managing authority when there is no other option but to deprive a relevant person of their liberty in the period that an initial standard authorisation application is being considered. If a standard authorisation is already in place but due to expire, an urgent authorisation cannot be used.
To put an urgent authorisation in place, the managing authority must complete the urgent authorisation section of the standard authorisation request form. This must be done at the same time as submitting the request for a standard authorisation.
An urgent authorisation comes into force as soon as the relevant section of the form is completed and signed by the managing authority. No confirmation or authority is needed from the supervisory body for an urgent authorisation.
An urgent authorisation expires automatically 7 days after it comes into force.
A copy of the urgent authorisation must be kept on the relevant person’s file.
Urgent authorisation extension request
Urgent authorisation extensions can only be granted by the supervisory body.
If the restrictions authorised by the urgent authorisation need to be in place longer than 7 days, the managing authority should also complete the Urgent Authorisation Extension Request section of the standard authorisation request form. This does not guarantee that the urgent authorisation will be extended by the supervisory body, but that an extension will be considered if the standard application has not been considered by the time that the urgent authorisation expires.
The extension will expire automatically 7 days after it comes into force. No further urgent authorisation extensions can be requested or granted.
A copy of the urgent authorisation extension must be kept on the relevant person’s file.
Standard authorisations are time-limited to a maximum of 12 months. They cannot be extended. If there is absolutely no other alternative than to continue depriving someone of their liberty beyond that time, another further standard authorisation arequest must be made.
To help avoid any unnecessary and unlawful periods of deprivation of liberty, the further standard authorisation request should be made 28 days in advance of the date that the current standard authorisation is set to expire.
Form 2: Request for a Further Standard Authorisation
Please note, before downloading the form from the government website, check whether your local authority has its own version and application process that they require you to use. Some local authorities have created a specific form for further standard authorisation request.
The government form is very short and easy to complete. If needed, there is guidance available:
The Mental Capacity Act Deprivation of Liberty Safeguards: Guidance to the Forms
When completed, the form must be submitted to the supervisory body in line with local processes.
The supervisory body should confirm receipt of the request. If no such confirmation is received within 24 hours, the managing authority should contact them to make sure the request has been received.
The supervisory body will process the request in the same way as they process an initial standard authorisation application. They will, however, have regard for previous assessments and use them if they are still reflective of current circumstances.
Under Regulation 18 of the Care Quality Commission (Registration) Regulations 2009, the registered person must ensure that the CQC is notified when:
- An authorisation has been granted;
- An authorisation has been declined; or
- An authorisation application has been withdrawn.
For further guidance see: CQC-Outcome of an application to deprive a person of their liberty – notification form.
The above notification requirements also apply for deprivation of liberty applications that fall outside of the DoLS Framework and are considered by the Court of Protection (even where another body made the application).
On the 16th May 2019, the Mental Capacity (Amendment) Act 2019 became an Act of Parliament (Law). This included a plan to implement a new authorisation framework known as Liberty Protection Safeguards (LPS).
However, the Government announced on 5 April 2023 that it would delay the implementation of the Liberty Protection Safeguards until "beyond the life of this Parliament".
The Government explained that this was due to prioritising its work on the reform of adult social care. They plan to publish a summary of the responses to the LPS consultation that was carried out in due course. It is not yet known whether this will result in any updates to the Procedures or Codes of Practice.
This means that, for the foreseeable future, the Deprivation of Liberty Safeguards or, in cases where the DoLS do not apply, a Court Order remain the only two legal instruments available to authorise a deprivation of liberty.
Last Updated: July 30, 2024
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