'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 you are deprived of your liberty in a hospital or care home, you will receive the
care you need while continuing to have certain legal rights.

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

DoLS will only take away your liberty if it is in your best interests.

You have been given this booklet because health and social care professionals have been asked to carry out some assessments under DoLS. This booklet explains more about DoLS and what will happen next.

What is deprivation of liberty?

Being deprived of your liberty in a care home or hospital means that:

• you cannot decide for yourself whether to stay in the hospital or care home;
• staff in the care home or hospital have control over decisions in your life; and
• you cannot leave the care home or hospital without permission.

If you are being cared for and treated in this way you must have a special agreement, called a DoLS authorisation, to keep you safe.

You are eligible for DoLS if you:

• live in England or Wales;
• are aged 18 or over;
• have a mental disorder or a learning disability;
• live in a care home, or are staying in hospital, and lack the mental capacity to agree to be there; and
• need to get treatment or care that will protect you from harm.

This booklet explains how we will make sure you have a DoLS authorisation to help keep you safe. It also explains your rights under DoLS.