Deprivation of Liberty Safeguards (DoLS / LPS)
What it means
A legal framework authorising the deprivation of liberty of an adult who LACKS capacity and is under continuous supervision and control and NOT free to leave, when this is in their best interests (e.g. a confined patient with dementia in hospital/care home). Requires formal authorisation. (Being replaced by the Liberty Protection Safeguards.) Distinct from the Mental Health Act, which is for treatment of mental disorder.
Worked example
A patient with advanced dementia who repeatedly tries to leave the ward and is kept there for his safety is being deprived of his liberty — this needs DoLS authorisation, not just informal restriction.
In the exam
An incapacitous patient with dementia is under constant supervision and prevented from leaving the ward for his own safety; the team must seek legal authorisation for this.
What settles it
DoLS (MCA) is for deprivation of liberty of an INCAPACITOUS person in their best interests; the MENTAL HEALTH ACT is for detention to TREAT a mental disorder (capacity may be intact).
Classically confused with
Best interests
Source: MCA 2005 / DoLS / LPS