Page 13 - P4653.5-V5_Safeguarding_children_and_adults_policy[Digital]

Deprivation of Liberty Safeguards
The Deprivation of Liberty Safeguards (DoLS)
are an amendment to the Mental Capacity Act
2005. The MCA allows restraint and restrictions to
be used – but only if they are in a patient’s best
interest and for their own safety. Extra safeguards
are needed if the restrictions and restraint used
will deprive a person of their liberty. These are
called the Deprivation of Liberty Safeguards.

The Deprivation of Liberty Safeguards can only be
used if the person will be deprived of their liberty
in a Care Home or hospital. In other settings,
an application can be made to the Court of
Protection for a person to be deprived of their
liberty.
Care homes or hospitals must ask either a local
authority or health body if they can deprive a
person of their liberty. This is called requesting
a standard authorisation (and in some case, an
urgent authorisation).

Consent
It is always essential in safeguarding to consider
whether the adult at risk is capable of giving
informed consent in all aspects of their life. If they
are able, their consent should be sought. This may
be in relation to whether they give consent to:
An activity that may be abusive – if consent to
abuse or neglect was given under duress (e.g. as a
result of exploitation, pressure, fear or intimidation),
this apparent consent should be disregarded.

All adults have the right to choice and control in
their own lives. As a general principle, no action
should be taken for, or on behalf of, an adult
without obtaining their consent.

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