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The Deprivation of Liberty process

Care home or hospital managers must identity those people at risk of being deprived of their liberty and request Deprivation of Liberty authorisation from the Safeguarding Team. An assessment is carried out by an Independent Assessor and authorisation will only be given if if all of the qualifying requirements are met.

These are:

  • the person is 18 or over
  • the person is suffering from a mental disorder
  • the person lacks capacity to decide for themselves about the restrictions which are proposed so they can receive the necessary care and treatment
  • the actions requested are the least restrictive option, but would nevertheless deprive the person of their liberty
  • the proposed restrictions would be in the person’s best interests
  • the person cannot be considered for detention under the Mental Health Act
  • there is no valid advance decision to refuse treatment or support that would conflict with any DoLS authorisation.

Family, friends and relevant professionals will be consulted as part of the assessment process and an authorisation will only be granted if it is necessary, unavoidable and in the best interests of the individual being assessed.

Last updated: 06/03/2023