Deprivation of Liberty in the community

This information is for families, carers and friends of someone receiving care in the community, including at home or in supported living.

If Deprivation of Liberty has been mentioned, this can sound worrying. Here you can find out what it means, why it happens and what to expect.

What deprivation of liberty means

Sometimes, keeping someone safe means putting restrictions in place. This might include:

• Needing someone with them at all times
• Not being able to leave the home alone
• Carers making decisions about daily routines

If a person cannot understand or agree to these arrangements, and they are under continuous supervision and control and not free to leave, the law says this may count as a deprivation of liberty.

The law requires this to be properly authorised to protect the person’s rights.

Community Deprivation of Liberty authorisation is about:

• Making sure care is lawful
• Protecting a person’s rights and dignity
• Ensuring restrictions are no more than necessary
• Giving the person a clear right to object or challenge arrangements.

It is not about:

• Locking someone in
• Stopping families from caring for loved ones
• Preventing changes to care or accommodation

How this applies in the community

Many families are surprised to hear that someone can be deprived of their liberty in their own home.

This can happen even when:

• Care is provided by family
• Everyone involved is acting with the best intentions
• The arrangements are clearly meant to keep the person safe.

This is not about blame and does not mean anyone has done something wrong. It is about making sure the person’s human rights are protected under the law.

Community settings include:

• A person’s own home
• Supported living
• Living with family

Authorising community arrangements

Deprivation of Liberty Safeguards (often called DoLS) apply only in care homes and hospitals.

When the same situation happens in the community, the law requires a different process.

In community settings the arrangements are authorised by the Court of Protection. This is a legal safeguard, not a punishment. It ensures restrictions are necessary, proportionate and in the person’s best interests.

The involvement of a court does not mean the situation is more serious. It simply reflects how the law works outside hospitals and care homes.

Who needs to apply

If you are a family member or carer, you do not need to apply for a Community Deprivation of Liberty authorisation.

The responsibility sits with the care provider, or the local authority.

You will be involved in discussions and kept informed, but you are not responsible for starting or managing the legal process.

Continuation of care

A common worry is that care will be delayed while the legal process takes place.

This is not the case. People do not have to wait for authorisation before receiving care. The legal process happens alongside care, not instead of it.

The purpose of authorisation is to make sure the care already in place is lawful and fair.

Appointing a representative

Because the person cannot consent to their care arrangements, the court requires someone with capacity to speak up for them.

This person is called a Rule 1.2 Representative.

Their role is to:

• Represent the person’s views and wishes
• Check that restrictions are necessary and not excessive
• Help the person exercise their right to object or ask for a review

This is an important safeguard to protect the person’s rights.

Why the representative cannot live with the person

Families often ask why they cannot act as the representative themselves.

The court requires the representative to be independent, which means they cannot live with the person.

This is not a judgement on the care being provided. It is to make sure there is no conflict of interest, and the person has someone who can challenge decisions if needed.

If no suitable family member or friend is available, a paid professional representative will be appointed.

Examples

Care at home

Margaret lives at home and has advanced dementia. She needs carers with her day and night because she becomes confused and has tried to leave the house alone.

To keep her safe:

• She is supervised at all times
• Carers decide when she can go out and who goes with her.

Margaret cannot understand or agree to these arrangements. Because she is under continuous supervision and not free to leave, the local authority seeks authorisation from the Court of Protection. This ensures the restrictions are lawful and reviewed.

Supported living

Daniel lives in supported living and needs help with all daily activities. Staff supervise him at all times because he may put himself in danger without support.

Although Daniel lives in the community, the level of supervision means he may be deprived of his liberty. Authorisation ensures his care is lawful and that restrictions are kept to the minimum needed.

Living with family

Sophie lives with her family following a brain injury. She cannot safely go out alone and needs constant supervision.

Even though her family provides care with love and good intentions, the restrictions may still count as a deprivation of liberty. Authorisation protects Sophie’s rights and ensures the arrangements are fair and proportionate.

If you have questions

If something feels unclear or worrying you should speak to the social worker involved, or contact the DoLS team for advice.

• Email: dols@wandsworth.gov.uk 
• Telephone: 020 8871 8702