Frequently asked questions
The deprivation of liberty safeguards allows restraint and restrictions in a person's best interest, that results in a deprivation of liberty which are widely used in hospitals and care homes.
In order for the safeguard to be put in place, the care homes and hospitals must get permission from a local authority.
The DoLS was created after an autistic man was admitted to hospital and was unlawfully held there due to the absence of legal procedure. DoLS was created to protect the interest of patients who are no longer able to care for themselves. They aim to provide each patient with much independence as is possible, give them the rights to challenge their care and avoid bureaucracy.
Only people in Care Homes and Hospitals can be registered under DoLS. The conditions that should be met include:
- Being older than 18
- If someone can not make decisions about the proposed restrictions for their own best interests
- The patient has a mental disorder
- The deprivation of liberty restrictions trying to be put in place is actually in the patient's best interest and they are rejecting it
- Query whether the patient should be referred to the Mental Capacity Act?
- The restrictions would not be in their best interest
Records need to be kept to understand why DoLs was applied, as it is an important part of the law and is good practice too.
Authorities are also able to show that someone was deprived of their liberty lawfully and should a patient's situation or attitude later change. Records should be used as way of a way to safely issue deprivation of liberty while ensuring that they are legally compliant.
Abuse is -
- Mistreatment and attempt to harm other people
- It can be physical, psychological, verbal sexual or financial.
Neglect is -
- Failure to care or prevent someone being harmed
- Educational, medical, physical, or psychological.
White papers & guides
Documents & other resources
A useful poster for those working with young and vulnerable children to help spot the common warning signs of abuse or neglect in children.
This double-sided worksheet has been designed to accompany our online Safeguarding Children training course.