Common Misconceptions About DOLS

Myth vs Reality A quick look at the biggest misconceptions about Deprivation of Liberty Safeguards (DoLS). Learn why lawful authorisation is essential to protect individuals’ rights, why good intentions or experience can’t replace legal processes, and how following DoLS procedures supports safe care, ethical practice, and timely decision-making.

Myth	The Truth / Evidence	Explanation
DoLS only applies to people in hospitals.	DoLS covers care homes, hospitals, and supported living (Care Act 2014).	Deprivation of Liberty Safeguards protect anyone in a “secure setting,” not just hospitals.
Best interests decisions always substitute the person’s own wishes.	Under MCA 2005, decisions must consider past and present wishes.	The policy requires taking into account what the person would decide if capacitated.
Family members can authorise a deprivation of liberty.	Only an Authorising Authority (local authority or NHS body) can grant a DoLS standard authorisation.	Families can be consulted but lack legal power to authorise.
Once granted, a DoLS authorisation lasts forever.	Standard authorisations last up to 12 months (MCA Code of Practice).	After expiry, a new assessment is required to continue safeguards.
Any restraint equals a deprivation of liberty.	Restraint equals deprivation only when it is continuous and complete (Cheshire West test).	Occasional or minor restrictions don’t always constitute DoL.
Only health professionals can authorise DoLS.	Local authorities and NHS bodies share the Authorising Authority role.	Both social care and health assessors contribute to the process.
DoLS replace all other mental capacity assessments.	DoLS apply only when a person is deprived of liberty. Other MCA assessments remain separate.	Capacity must still be assessed for consent to treatment, finance, etc.
You must use physical restraint to satisfy DoLS.	DoLS look at net freedom; positive support may reduce perceived deprivation.	Encouraging choice and consent often removes need for coercive measures.