As the landscape of health and social care continues to evolve, understanding the legal frameworks that protect the rights of people at risk has never been more crucial. Deprivation of Liberty Safeguards (DoLS) remain a framework that ensures that people who lack mental capacity are supported in a way that protects their human rights and that care delivery is provided safely, ethically, and lawfully.

For professionals working in dementia care, mental health services, and residential or community-based support, DoLS is not simply a legal requirement, it is a key aspect of maintaining person led and person-centred practice. For families and caregivers, it provides reassurance that their loved ones’ rights and freedoms are being respected even when restrictive interventions which are deemed to be in the person’s best interests are implemented lawfully.

This article explores what DoLS means in practice today, why it matters, and how care providers can navigate their responsibilities with confidence and compassion.

What Are Deprivation of Liberty Safeguards?

DoLS protect individuals who are unable to consent to their care arrangements and whose liberty is being restricted in a hospital or care home setting, which is managed through the Local Authority. If a person is in their own home, a shared placement or supported living, then similar safeguards will apply, however, the process will be led through the Court of Protection.

A deprivation of liberty may occur when a person:

• Is under continuous supervision and control
• Is not free to leave
• Lacks the capacity to consent to their care arrangements

These safeguards ensure that any such deprivation is lawful, necessary, proportionate, and in the person’s best interests.

Why DoLS Remains Essential in Care Settings

People who lack capacity are particularly at high risk of situations where restrictions may be applied in the name of safety, locked doors, constant monitoring, or limitations on movement. While often well-intentioned, these measures can unintentionally remove autonomy and human rights if not properly assessed.

DoLS ensures:

• Decisions are scrutinised by an external authority
• The person’s wishes, feelings, and values are considered
• Families and advocates have a voice
• There is a right to challenge care arrangements

Rather than focusing solely on risk management, DoLS promotes balanced decision-making that supports independence wherever possible.

This reflects a growing shift in care delivery from managing behaviour to enabling meaningful life experiences, even in complex care settings.

The Practical Challenges

Despite its importance, DoLS can feel complex and overwhelming for professionals and families alike. Some ongoing challenges include:

• Delays in assessments due to service pressures
• Confusion between restriction and deprivation
• Inconsistent understanding of legal thresholds
• Emotional strain on families navigating legal processes

For care providers, the key challenge is ensuring staff have the confidence and knowledge to recognise when DoLS applies and how to act lawfully.

Training and education remain essential in helping teams to embed lawful practice into everyday care planning.

Best Practice: Making DoLS Person-Led and Person Centred

DoLS should never be seen as a purely administrative process. At its heart, it is about protecting the person's human rights, as such need to be person led and person centred (where application).

Best practice focuses on:

• Regularly reviewing care plans to minimise restrictions
• Exploring less restrictive alternatives
• Involving the person and their family wherever possible
• Ensuring advocacy support is available
• Embedding the principles of the Mental Capacity Act into daily practice

This approach supports not just compliance, but quality of life helping people to remain connected to their identity, choices, and relationships.

Supporting Professionals and Organisations

Navigating DoLS effectively requires more than policy knowledge. It requires confidence, ethical reflection, and practical tools.

Organisations that prioritise: continuous professional development, clear safeguarding frameworks, open discussion about ethical dilemmas and reflective practice are better equipped to deliver safe, lawful, and compassionate care.

Understanding DoLS is part of a wider commitment to protecting human rights while enabling independence, a balance that sits at the heart of modern care delivery.

Looking Ahead

As legislation and guidance continue to evolve, so too must our approach to supporting people who lack capacity. DoLS remains a powerful reminder that safety should never come at the cost of dignity.

By embedding person led and person-centred values into legal practice, we ensure that care is not just compliant, but meaningful.

In a sector driven by compassion and professionalism, safeguarding is not a barrier—it is a foundation.

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Whether you are a professional, organisation, or family member supporting someone who may lack capacity, staying informed and supported is essential.

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