Ask Sheila - Archive England

Sheila Scott OBE has now retired and therefore is no longer available to answer your social care questions. However, you might still find the answer you’ve been searching for down below.

22nd April 2016

Deprivation of Liberty in a resident’s own home

Can you give me some examples how a deprivation of liberty can occur in someone's own home that is not staffed 24/7?

Thank you.

Dear Della,

Thank you for your question.

DoLS normally only applies to services delivered in care homes or hospitals but following the West Cheshire Supreme Court judgement the situation was clarified a little more.

I am attaching a briefing document which I think you will find helpful.

Also available is this link to a page on the Alzheimer’s website which is very helpful.

It states that:

"A deprivation of liberty can also occur in domestic settings where the State is responsible for imposing the arrangements. In such cases any deprivation of liberty must be authorised by the Court of Protection."

I hope this is helpful.

Best wishes.


*All information is correct at the time of publishing.

About Sheila

Sheila Scott OBE has now retired and over the years , prior to her retirement she has answered thousands of your social questions. You can still access the many questions below.

For Sheila Scott OBE as the former CEO of National Care Association (NCA), care is Sheila's life. She possesses a strong command of the issues facing the care sector informed by her long career as a nursing professional, the owner and manager of a care business, and as a leader in the care sector.

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