What is a Deprivation of Liberty Assessment?

Created: 4/26/2023

A deprivation of liberty assessment is a legal process used to determine whether a person is being deprived of their liberty in a particular setting, and whether that deprivation of liberty is lawful. The assessment is typically carried out when a person is receiving care or treatment in a hospital or other healthcare setting, a care home, or a similar institution, and where they are not free to leave.

The assessment is required under the Deprivation of Liberty Safeguards (DoLS) legislation in England and Wales, which was introduced as an amendment to the Mental Capacity Act 2005. The DoLS legislation provides a framework for protecting the rights of individuals who lack the mental capacity to make decisions about their care and treatment, and who are being deprived of their liberty in order to receive that care and treatment.

The assessment process involves several steps. First, a person's mental capacity is assessed to determine whether they are able to understand the nature and purpose of the care or treatment they are receiving, and whether they are able to make decisions about it. If the person is found to lack capacity, a best interests assessment is carried out to determine what care or treatment is in their best interests. If it is determined that the person is being deprived of their liberty, a separate assessment is carried out to determine whether that deprivation of liberty is necessary and proportionate to the person's care and treatment needs.

The assessment is carried out by a team of health and social care professionals, including doctors, nurses, and social workers, who work together to evaluate the person's needs and circumstances. The assessment must be carried out in accordance with the principles of the Mental Capacity Act, which include the presumption of capacity, the requirement to consider the person's wishes and feelings, and the requirement to promote the person's best interests.

The purpose of the deprivation of liberty assessment is to ensure that any deprivation of liberty is lawful and that the person's rights are protected. If the assessment determines that the person's deprivation of liberty is not lawful, steps must be taken to ensure that the person is released from their confinement and that their rights are respected.