Deprivation of Liberty Safeguards
The Deprivation of Liberty Safeguards (DOLS) came into force in April 2009, when they were introduced into the Mental Capacity Act 2005 in response to the so called 'Bournewood Gap' that was identified in the HL v United Kingdom case in 2004.
This legislation relates to the admission of incapacitated informal patients who, as a result of the care and treatment they are being provided with, are deprived of their liberty. A deprivation of liberty occurs when the number of restrictions they are subject to is of a degree and intensity that deprives them of liberty. The actual definition of what amounts to a deprivation remains unclear and we have to look at each individual case and the factors in that case.
The files within this area have come from a variety of sources and include information that has been developed by Pennine Care and the Department of Health amongst others.