Protecting rights. Supporting care decisions. When someone lacks the capacity to make decisions about their care, we help ensure their freedom and dignity are protected. Our experienced Court of Protection team guide families, care providers, and local authorities through the complexities of Deprivation of Liberty Safeguards (DoLS) regulations. Our dedicated lawyers combine deep legal knowledge with genuine understanding of the challenges faced by vulnerable people and their families. We support: Local Authorities and NHS Trusts in managing DoLS applications and welfare proceedings Families and carers navigating the DoLS process Care homes and hospitals seeking authorisation guidance Independent advocates and representatives Understanding Deprivation of Liberty Safeguards (DoLS) Deprivation of Liberty Safeguards protect vulnerable people in care homes and hospitals from having their freedom unnecessarily restricted. These vital protections ensure that any restrictions on a person’s liberty are both lawful and in their best interests. When care arrangements involve continuous supervision and restricted movement, DoLS provides the legal framework to ensure these measures are appropriate and properly authorised. Our expertise Drawing on extensive experience in social care, mental health, and public law, we provide practical guidance on: Court of Protection welfare proceedings Health and social care funding responsibilities Care Act 2014 compliance Mental Health Act 1983 requirements NHS Continuing Healthcare assessments The assessment process DoLS authorisations require careful evaluation by qualified professionals. Two key assessors review: Best Interests – Whether the care restrictions are necessary and proportionate Mental Capacity – The person’s ability to make decisions about their care The assessment examines six essential criteria, including age requirements, mental health status, capacity evaluation, and ensuring arrangements serve the person’s best interests. Understanding the role of representatives Every person subject to DoLS must have a Representative to protect their interests. This crucial role involves: Reviewing care arrangements regularly Ensuring the person’s wishes are heard Supporting appeals to the Court of Protection when needed Whether you’re a family member asked to be a Representative or a professional seeking guidance, our team can explain your responsibilities and support you in this important role. Get in touch Contact Holly Chantler Partner, Head of Department Private Client & Court of Protection 01737 854 525 Message Connect On this page Contact our Court of Protection team to find out more get in touch
