DOLS
Deprivation of liberty safeguards (DOLS)
Definition
The Government has added new provisions to the Mental Capacity Act 2005: the deprivation of liberty safeguards. The safeguards focus on some of the most vulnerable people in our society: those who, for their own safety, and in their own best interests, need to be accommodated under care and treatment regimes that may have the effect of depriving them of their liberty, but who lack the capacity to consent.
The deprivation of a person’s liberty is a very serious matter and should not happen unless it is absolutely necessary, and in the best interests of the person concerned. That is why the safeguards have been created: to ensure that any decision to deprive someone of their liberty is made following defined processes and in consultation with specific authorities.
A Direct Payment is money paid by the local authority to an individual to pay for their own social care and support services. The payment is made instead of actual community care services being provided, and is roughly equal to the amount that would have been spent on community care services.
Policies and legislation
- The Mental Capacity Act Deprivation of Liberty safeguards (formerly known as the Bournewood safeguards) were introduced into the MEntal Capacity Act 2005 through the Mental Health Act 2007 (which received Royal Assent in July 2007).
- Supplemental Code of Practice
Useful links
- The Department of Health has allocated funding to local authorities for 2009 /10 to deliver the Safeguards in their areas
- Towards a Mentally Flourishing Scotland: The Future of Mental Health Improvement in Scotland 2008-11
Association of Social Care Communicators 