This page acts as the hub for all information relating to LPS and DOLS, covering both 

  • The current DoLS framework, and 

  • Liberty Protection Safeguards (LPS), including national context and current status. 

The Deprivation of Liberty Safeguards (DoLS) is a legal framework that aims to safeguard the human rights of vulnerable individuals when they reside in a hospital, or care home. Patients can only be deprived of their liberty if they lack the mental capacity to make a decision about their residence, care and treatment, and it is in their best interest.

DoLS apply to individuals who:

  • Are aged 18 or over
  • Have been assessed as lacking capacity to make a decision about arrangements for their care and treatment
  • Are under continuous supervision and control
  • Are not free to leave

Applying for and obtaining a DoLS authorisation
Colleagues must apply to the relevant Local Authority for authorisation to deprive a person of their liberty. To apply for a DoLS authorisation, please follow the process outlined within the MC04 Policy and speak with your line manager if you need additional support. When requesting an authorisation under the DoLS scheme, you must share a copy of the submitted DoLS Forms with the Mental Capacity Act Team (MCA.DoLSTeam@merseycare.nhs.uk). Templates for the DoLS Forms can be downloaded at the following link. You must ensure that expired authorisations are escalated following the Trust wide process.

The Liberty Protection Safeguards (LPS) scheme was introduced by the 2019 Mental Capacity (Amendment) Act. This scheme, which introduces new statutory responsibilities for NHS Trusts, aims to safeguard individuals who lack capacity to consent to their care arrangements if these amount to a deprivation of liberty.

While the LPS will replace the Deprivation of Liberty Safeguards (DoLS) system, it is expected that the LPS will affect a larger number of people as it also includes young people aged 16+ and people in their own homes.

Work has started across the organisation to prepare for this important new legislation – to find out more about any LPS developments, please check the Liberty Protection Safeguards page.