What I wish I knew about DoLS

One carer’s experience and what they wish they had known:

In August 2024, the nursing home asked for my consent to apply for a Deprivation of Liberty Safeguards (DoLS) assessment for my husband. His physical, cognitive and mental health was deteriorating, and he was increasingly putting himself at risk at home. We made the decision that he needed to go into residential care, as I could no longer meet his needs on my own.

My first reaction

At first, the idea felt harsh and unsettling. Did this mean my husband was no longer a resident but a prisoner with no release date? I worried that I was signing away his freedom and making an already stressful situation worse.

The nursing home explained that they had a legal duty of care. Without a DoLS in place, they would have fewer legal rights if my husband became uncooperative. In practice, this meant he was in a closed unit to stop him from walking off and putting himself in danger.

Understanding DoLS

I needed answers before agreeing. Could the assessment be done without my husband to reduce stress? (No, it must be done with him.) What did it actually mean for him? (It was more about protecting his rights than removing them.)

I found the Age UK factsheet really helpful. I also spoke with Good Company, who reassured me that this was not about taking away his liberty. It was a safeguard to make sure his rights and wellbeing were being taken seriously.

With that in mind, and because I was worried the care home might ask him to leave if I did not consent, I agreed to the assessment.

What I learnt

• DoLS is not about locking people away. It is a legal process to make sure any restrictions are necessary, proportionate and in the person’s best interests.

• Even if family members do not agree, the process will go ahead. It can be challenged, but only through the Court of Protection.

• The Best Interests Assessor (BIA) makes the final decision, drawing on views from family, care staff and medical professionals.

• If someone holds a Lasting Power of Attorney (LPA) for Health and Welfare, they can nominate a representative. If no one holds an LPA, the assessor makes that decision too.

My advice for other carers

Having lived through this experience, I now realise how important preparation is. Here are my key takeaways for anyone going through the same situation:

1. Meet with the Care Home Early
   

Request a face-to-face meeting with the care home staff to discuss DoLS and what it means in practical terms for the person in care. This will help you ensure that any decisions you make are truly in their best interests.

📌 Note: Care home staff may only know the basics about DoLS, as their role is primarily to trigger the application and provide information to the Best Interests Assessor (BIA). 

2. Ask for the List of Questions in Advance
   

If possible, prepare the person in care before the assessment. When my husband was asked unexpected questions, it triggered anxiety.

📌 Note: Assessors don’t always contact family members in advance. If you want to be involved, make sure the care home notes this in the application.

 

3. Confirm the Assessment Date Directly
   

In my case, the local authority informed the care home, not me. I had to chase them to rearrange the appointment.

📌 Tip: If you want to be there, ask for direct communication from the local authority, not just second-hand updates from the care home.

4. Specify That You Want to Be Present
   

A psychiatrist and a social worker usually conduct the assessment. In my husband’s case, a psychiatrist arrived unannounced and began the process without me. No one challenged this, even though it should not have happened.

📌 Tip: While the Best Interests Assessor (BIA) usually arranges a suitable time, the psychiatrist assessing mental capacity may turn up unannounced. Unfortunately, families don’t get much control over this.

5. Talk to the Assessors Beforehand

Let them know if the person in care might need breaks or if certain topics could cause distress.

In my husband's case, the assessor kept mentioning locked doors, which he had not previously noticed. This caused unnecessary distress. While I understand the legal requirement to check whether a person is “under constant supervision and control and not free to leave,” how questions are asked matters.

📌 Tip: If you’re present, you can guide the assessor on how to phrase things sensitively.

6. Manage Your ‘What If’ Thoughts

I spent a lot of time worrying about worst-case scenarios:

• What if my limited knowledge of DoLS led to negative consequences for my husband?

• What if he was moved to a home that didn’t follow best practices?

• What if I became unwell and couldn’t advocate for him?

These thoughts are natural, but I wish I had recognised them earlier and found a way to manage them more effectively.

📌 Key Reassurance: The DoLS team cannot force someone to move homes—that would require a separate social work assessment. If you feel unable to check in on how DoLS is being implemented, you can request an Independent Mental Capacity Advocate (IMCA) to visit every three months.

My final thoughts

The Deprivation of Liberty Safeguards (DoLS) process is often misunderstood. It’s not about restricting freedom but about ensuring that any restrictions are justified, appropriate, and in the person’s best interests. There has been an ongoing discussion to make the process less cumbersome and change the name to Liberty Protection Safeguards (LPS) which sounds much nicer. I hope this is something the Government does tick off their to-do list soon.

For anyone going through this process, my biggest advice is: ask questions, request involvement, and prepare in advance. With the right approach, DoLS can be a positive safeguard rather than a cause for distress.

If you’re facing this process and need support, reach out to Good Company - they were a huge help to me.

📞 07472 564519

📧 hello@thegoodcompanypeople.org