Impact Training

Deprivation of Liberty Safeguards

The Deprivation of Liberty Safeguards became law in England and Wales on 1st April 2009.

What are the Deprivation of Liberty Safeguards?

The Deprivation of Liberty Safeguards, or "DOLS", are an amendment to the Mental Capacity Act 2005. They are intended to give a framework to certain very specific situations where it is felt that it would be in an individual's best interests to deprive him/her of his/her liberty.

Why have the DOLS been introduced?

There as a very well-publicised court case called "HL v Bournewood". HL, a 49 year old man with severe learning disabilities, was an in-patient in a psychiatric hospital run by the Bournewood NHS Trust and was prevented from leaving. He was not detained under the Mental Health Act. His solicitor brought a case against Bournewood NHS Trust which eventually went all the way to the European Court of Human Rights. The ECHR ruled that HL's human rights had been infringed, and ordered all European Union member states to bring in legislation to protect people like "HL".

The Mental Capacity Act 2005 was introduced in England and Wales in 2007, and the DOLS are an amendment to that Act.