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Deprivation of Liberty (DoLS)
A Deprivation of Liberty (DoLS) assessment evaluates whether a care regime for an individual lacking capacity amounts to a deprivation of liberty under the “acid test.” These reports provide clinical evidence to ensure that any restrictions placed on a person in a hospital or care home are lawful, proportionate, and in their best interests.
Overview
When this report is required
- To determine if a placement meets the legal criteria for a deprivation of liberty
- To challenge or support an authorization in the Court of Protection under Section 21A
- To evaluate whether a person has the capacity to consent to their accommodation and care arrangements
- To assess if current restrictions are the “least restrictive” way to provide necessary care and treatment
What the expert assesses
- Continuous supervision and control
- Lack of freedom to leave the premises
- Mental capacity to consent to care arrangements
- Presence of a mental disorder (MHA criteria)
- Proportionality of restrictions relative to risk of harm
Report specification
| Element | Detail |
|---|---|
| Assessment Setting | Care Home, Hospital, Specialist Unit, Remote |
| Court Acceptance | Court of Protection |
| Compliance | Mental Capacity Act 2005, Liberty Protection Safeguards |
CPR Part 35 Compliant
Digital Delivery
Urgent Instructions
Specialist expertise
Best Interests Assessors (BIA)
Section 12 Doctors
Psychiatrists
While these are the primary specialists engaged for this instruction type, please note that every case turns on
its own facts. Complex or multi-disciplinary cases may require a bespoke team of experts. Our case managers will
review your specific instruction to ensure the correct clinical match.