What is Deprivation of Liberty Safeguards?

A person’s liberty can be taken away in specific situations to keep them safe and ensure they have the correct medical treatment or care provided to them.

A Deprivation of Liberty can include situations where someone:

• Lacks the mental capacity to make their own decision about their care or accommodation;
• Is not free to leave their place of care;
• Is subject to continuous supervision and control.

Deprivation of Liberty Safeguards (DoLS) was introduced by the Mental Capacity Act 2005 to allow for decisions to be made on behalf of people who lack the mental capacity to consent to their care and accommodation arrangements and to ensure any treatment received is in their best interest.

The most common scenarios whereby a DoLS is in place is when an individual over the age of 18 is residing in either a Care Home or Hospital setting, and a Deprivation of Liberty Safeguard is put in place to authorise their detention.

DoLS Appeals

If someone you know or love has been deprived of their liberty or is subject to a DoLS, you can call us to discuss making an appeal, known as a Section 21A appeal.

These challenges can be brought on an individual’s behalf whereby they are objecting to remaining at their current placement. This can be brought on their behalf by a Relevant Person’s Representative (RPR).

Legal aid / Funding

Non- means tested legal aid is available to fund legal representation for individuals subject to a DoLS. This means that if you bring the challenge on behalf of the individual subject to a DoLS they do not have to pay for our services directly as we are paid from public funds.

As a family member, Legal Aid is available, however, this will be means tested. We are able to assess as to whether you would be eligible for Legal Aid if you have been informed of ongoing Court of Protection proceedings.

Free Initial Discussion

For a no-obligation discussion, call our specialist Court of Protection solicitors on 01642 247656 or use our contact form, and we will call you back.

Court of Protection Legal Advice

At Watson Woodhouse, we understand dealing with mental health can be a distressing experience. Therefore, we ensure that we provide an excellent level of service by being approachable and giving information in an easy way to understand. We have an experienced, knowledgeable team.

Our team can guide and help you with:

• Advice about the laws relating to mental capacity
• Court of Protection Applications
• Deprivation of Liberty Safeguards (DoLS) appeals
• Deputyship Applications
• Disputes, including Medical Treatment Disputes
• Independent Mental Capacity Advocate (IMCA) & Relevant Person’s Representative (RPR) legal advice

How Watson Woodhouse Can Help

We are here to help.

Call us for a FREE and confidential consultation with a specialist solicitor on 01642 247656.

Alternatively, complete our online contact form and one of our solicitors will be in touch.

Watson Woodhouse Solicitors provides support to clients throughout England and Wales.