Deprivation of Liberty Safeguards (DoLS)

Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act (MCA). They help protect adults who may not be able to make decisions about their care and treatment for themselves.

DoLS make sure that any restrictions placed on a person are lawful, necessary and in their best interests.

What are DoLS?

Care homes and hospitals have responsibility to keep people safe. Part of keeping someone safe may involve a DoLS to keep them from harm.

If a person is:

is aged 18 or over
lacks the mental capacity to make decisions about their care and treatment
cannot give valid consent to the care arrangements
requires care that may restrict their freedom.

A DoLS referral must be requested by the care home or hospital if they assess that an adult is vulnerable and unable to make decisions for themselves whilst in their care.

We (Tameside Council) are the Supervisory Body and are responsible for deciding if requests are authorised.

How are DoLS assessed?

We will carry out an in-depth assessment and look at:

whether the person has mental capacity to make decisions about their care
whether the proposed care arrangements amount to a deprivation of liberty
whether the person can give valid consent
whether the arrangements are in the person's best interests
whether the restrictions are necessary and proportionate to keep the person safe.

A Supreme Court judgment in June 2026 changed how deprivation of liberty is assessed. Professionals must look at the person's overall situation rather than relying on a single factor.

This includes considering:

the type of restrictions in place
how long they last
the impact on the person
the person's wishes, feelings and views.

The judgment also confirms that:

people who understand and agree to their care arrangements may be able to give valid consent
not being able to leave because of a disability does not automatically mean someone is being deprived of their liberty.

The focus remains on person-centred care, regular reviews and respecting people's rights.

Find out more about the changes to DoLS at GOV.UK

We are currently reviewing our policies, procedures, and documentation to ensure they reflect the updated legal position and any emerging national guidance.

In the meantime, we ask that all referrals continue to be submitted as usual. These will be reviewed and assessed against the new legal criteria as soon as possible.

If you have questions about DoLS, please contact the Tameside DoLS Team at dols@tameside.gov.uk

Eligibility

A person may be eligible for DoLS if they:

are aged 18 or over
have a mental disorder or impairment of the mind, such as dementia or a learning disability
lack capacity to make decisions about their care or where they live
cannot give valid consent to their care or treatment
need care arrangements that may amount to a deprivation of liberty to prevent harm.