Deprivation of Liberty Safeguards (DoLS)

What DoLS are, when they apply, and how care providers can make a referral under the Mental Capacity Act

Last updated: 14th November

Sometimes, people who lack capacity to make important decisions about their care may need treatment in a hospital or care home. In some cases, the only way to keep them safe and provide the care they need is by putting restrictions in place. These restrictions can amount to depriving someone of their liberty.

The law says no one can be deprived of their liberty unless it is necessary, in their best interests, and follows a legal process. DoLS provides that legal protection.

What DoLS does

DoLS safeguards people who cannot consent to their care and may need to be cared for in a way that restricts their freedom. It ensures:

  • Decisions are made in the person’s best interests.
  • The process follows the law.
  • Family and professionals are involved.

When DoLS applies

A person must meet all of these criteria:

  • Be 18 or over.
  • Be in a hospital or care home.
  • Have a mental disorder (such as dementia or a learning disability).
  • Lack capacity to consent to their care.
  • Need restrictions to keep them safe.

Before you apply

Ask yourself:

  • Does the person lack capacity to agree to their care?
  • Will they need restrictions within 28 days?
  • Have you informed the person and their family?
  • Will they stay in hospital or a care home for more than a few days?

How to make a referral

Care homes and hospitals can apply online using our DoLS referral form.
If you need help or have questions, contact the DoLS team:
Email: deprivationofliberty@staffordshire.gov.uk 
Phone: 01785 895665

Apply for a DoLS referral online 

 DoLS referral

Learn more