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The Mental Capacity Act 2005 Resource and Practice Toolkit
When the Deprivation of Liberty Safeguards Apply
The Deprivation of Liberty Safeguards (DoLS) is a legal framework set out in Schedules A1 and 1A of the Mental Capacity Act. They only apply when:
- A person is 18 years or over;
- The person is detained (or will be detained) in a care home or hospital; and
- Their detention is for the purpose of receiving care or treatment (which is not treatment under the Mental Health Act 1983); and
- The person lacks capacity to consent to their accommodation or the care or treatment being received.
Life Saving Treatment
There is no requirement to apply the DoLS framework when the person is detained in a hospital for life saving treatment, so long as the treatment is:
- Rendered unavoidable;
- Necessary to avert a real risk to life; and
- Kept to the minimum required for the purpose of averting a real risk to life.
The Deprivation of Liberty Safeguards do not apply when a deprivation of liberty is occurring outside of a care home or hospital environment. Neither do they apply when the person being deprived of their liberty is 16 or 17-years-old (regardless of the care setting).
These cases must be authorised by a court (usually the Court of Protection).
Last Updated: February 5, 2024
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