The Mental Capacity Act 2005 Deprivation of Liberty Safeguards (formerly known as the Bournewood Safeguards) were introduced into the Mental Capacity Act 2005 through the Mental Health Act and became a statutory duty on 1st April 2009.

How do the Deprivation of Liberty Safeguards apply?

The MCA DOL safeguards apply to anyone:

• aged 18 and over
• suffering from a mental disorder or disability of the mind – such as dementia or a profound learning disability
• lacking the capacity to give informed consent to the arrangements made for their care and / or treatment and;
• for whom deprivation of liberty (within the meaning of Article 5 of the ECHR) is considered after an independent assessment, to be necessary in their own best interests to protect them from harm.

The safeguards apply to people in hospitals or care homes registered under part 2 of the Care Standards Act 2000, whether placed under public or private arrangements. 

When a person needs to be deprived of their liberty, there must be processes in place that will ensure that:

• it is in the person’s best interest
• they have representatives and rights of appeal
• the deprivation of liberty is regularly reviewed and monitored

The CCG has produced a leaflet for people living in their own homes, who are deprived of their liberty.  You can read this leaflet here NHS Sheffield CCG Deprivation of Liberty Safeguards leaflet.

Sheffield City Council also publishes information about deprivation of liberty.  This includes information about how the safeguards affect people who live in care homes.  You can read the Council’s information here.

Further information

• Code of Practice
• Standard forms and documents for DOLS are available and can be accessed on the DH website
• All other DOLS information can be accessed on the DH website
• Deprivation of Liberty - FAQs for GPs
• The Law Society 'Identifying a deprivation of liberty: a practical guide'
• Cheshire West case study
• The Law Commission 'Mental Capacity and Deprivation of Liberty Consultation Summary' (EasyRead)
• The Law Commission 'Mental Capacity and Deprivation of Liberty Consultation Summary' (Welsh)
• The Law Commission 'Mental Capacity and Deprivation of Liberty Consultation Summary' (Welsh / EasyRead)

Contact us

Ronda Ninkovic is Professional Standards Manager (MCA Lead and DOLS lead) for NHS Sheffield CCG and can be contacted at: ronda.ninkovic@nhs.net, tel: 0114 3051572.

You can also contact Jo Harrison, Quality Manager - Deprivation of Liberty at jo.harrison3@nhs.net, tel: 0114 3054575.