Introduction

‘Mental capacity’ means the ability to make your own decisions.

‘Lacking mental capacity’ means not being able to make decisions for yourself.

‘Liberty’ means being free to do the things you want to do, when you want to do them.

The Mental Capacity Act Deprivation of Liberty Safeguards (DoLS) scheme was introduced to make sure that no one in a hospital or care home is deprived of their liberty (has their liberty taken away from them) without good reason. If a person is deprived of their liberty in a hospital or care home, they will receive the care they need while continuing to have certain legal rights.

If the person lacks the mental capacity to make certain decisions, they need extra protection. They should be treated or cared for in a way that means they are safe and free to do the things they want to do.

DoLS will only take away someone’s liberty if it is in that person’s best interests. 

You have been given this booklet because you have been selected to be a representative to support someone under DoLS. You may be their family member or friend, and they may have chosen you to be their representative before a DoLS authorisation was needed. If they didn’t, we will have arranged for you to be their representative. You will be named in the DoLS authorisation. 

As the person’s representative, you will need to:
• explain to them all about the DoLS authorisation;
• visit them and check they are looked after in a way that means they are safe; and
• help them appeal against the DoLS authorisation (if they want to do this).

This booklet explains how we will make sure that people have a DoLS authorisation to help keep them safe. It also explains the rights people have under DoLS, and your role as representative.