When do the safeguards apply?
DoLS applies to adults in care homes and hospitals who lack capacity to consent to being there, and who are under continuous supervision and control and not free to leave. If that describes your relative’s situation, the law says it must be independently checked and formally authorised — that is not a criticism of the care home; it is a protection for your relative.
What an authorisation involves
- Six assessments, including a capacity assessment and the Best Interest Assessment
- Consultation with family, friends and representatives
- A decision by the Local Authority (the “supervisory body”)
- A representative appointed for the person, and rights of review and challenge
Your rights as a family
You have the right to be consulted, to see how the decision was made, and to challenge an authorisation in the Court of Protection. An authorisation is time-limited and must be reviewed — it is a safeguard that keeps working, not a one-off form.
Guides are available in multiple formats, including easy-read and large print.