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Legal Terms – Deprivation of liberty safeguard (DOLS)
Deprivation of Liberty Safeguards (DOLS) a framework created in 2009 under the Mental Health Act of 2007 and the Mental Capacity Act of 2005 to safeguard the rights of adult patients receiving treatment in a hospital or care facility in circumstances that could constitute an impairment of freedom but were unable to agree to these limitations.
The safeguards were introduced to close the legal loophole known as the *Bournewood gap, following a ruling by the European Court of Human Rights that the rights of patients in these circumstances had been violated (HL v UK App (2004) 40 EHRR 761). Following the Supreme Court decision in Cheshire West and Chester Council v P [2014] UKSC 19, which had the effect of a tenfold rise in deprivation of liberty cases, the DOLS framework was replaced with the current *Liberty Protection Safeguards.
Deprivation of Liberty Safeguards (DOLS) a framework created in 2009 under the Mental Health Act of 2007 and the Mental Capacity Act of 2005 to safeguard the rights of adult patients receiving treatment in a hospital or care facility in circumstances that could constitute an impairment of freedom but were unable to agree to these limitations.
The safeguards were introduced to close the legal loophole known as the *Bournewood gap, following a ruling by the European Court of Human Rights that the rights of patients in these circumstances had been violated (HL v UK App (2004) 40 EHRR 761). Following the Supreme Court decision in Cheshire West and Chester Council v P [2014] UKSC 19, which had the effect of a tenfold rise in deprivation of liberty cases, the DOLS framework was replaced with the current *Liberty Protection Safeguards.
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