Deprivation of liberty safeguards (DoLS) in a care home | 2026

Caring for people, who lack the mental capacity to make decisions about their care, can involve taking away some of their liberties in some way. This is called Deprivation of Liberty.

This is because a person who lacks the mental capacity to consent to care and treatment may not be able to choose where they should live or understand what types of care they need.

At a glance

Definition: Deprivation of liberty happens when someone who lacks mental capacity has their freedom restricted for their care and safety.

DoLS has three key elements: The person is under continuous supervision, not free to leave, and unable to consent to the arrangements.

Who authorises deprivation of liberty?
Authorisation varies by each UK nation: it is local authorities in England and Wales; the Sheriff Court in Scotland; or healthcare professionals or Trust Panels in Northern Ireland. It must be lawful and regularly reviewed.

UK-wide safeguards: All UK nations have legal systems in place to protect people who are deprived of their liberty and ensure decisions are necessary and in their best interests.

What is an example of DoL (deprivation of liberty)?

In a care home, an example of deprivation of liberty could mean restricting some freedoms of a resident living with dementia to ensure their safety.

Other examples include:

Use of physical or chemical restraint, for example medication given primarily to control behaviour rather than treat a medical condition.

Not being allowed to leave the care home, even if they ask to go out, and being stopped or brought back if they try to leave.

Continuous supervision and monitoring, where staff closely control daily activities and movements.

Locked doors or key-coded exits that prevent residents from leaving independently.

Decisions made about daily routines, such as set bedtimes, meals, or activities, without the person being able to choose or refuse.

Restricting contact or movement, such as limiting access to certain areas for safety reasons.

What does deprivation of liberty mean?

Liberty comes under Article 5 of the European Convention on Human Rights.

In simple terms, this means everyone has the right to be free to live where they choose and make their own decisions about their life.

A person’s freedom can only be taken away in very specific situations, and only if it is done lawfully and for clear, justified reasons.

There are three key elements to deprivation of liberty

1. They are under continuous supervision and control

Staff or carers monitor and make decisions about the person’s daily life.

Deprivation of liberty means that you are under continuous supervision and control. You are not free to leave, and you may lack the mental capacity to consent to these arrangements.

Even if a person is in a place where care and treatment is provided and all parties, such as care workers and family members, are happy and satisfied with the situation, the law states that even if this is the case and the conditions above are met, it is a deprivation of liberty.

The care people receive in care homes and hospitals usually involves both continuous supervision and control. In a care home, staff may control meals, make decisions about activities and bedtimes as well as medical treatment.

2. They are not free to leave

The person would be prevented from leaving if they tried, or would be brought back if they left.

A person can also be deprived of their liberty if they are not allowed to leave the premises where they are cared for. Not being free to leave can be hypothetical as a care home resident may not be physically able to do so. If they tried to leave and they were stopped against their will, their liberty has been deprived.

Even though these things are what a resident needs and in their best interests to maintain good health and to stay safe, if they have not given their consent it can deprive them of their liberty.

3. They lack the mental capacity to consent to the arrangements

The person cannot understand, retain, weigh up, or communicate a decision about their care and where they live.

If a person lacks the mental capacity to make decisions about their care, such as where they will live and what medical care they receive, they will not be able to give their consent. This is a deprivation of liberty.

A person lacks the mental capacity to make decisions if they cannot:

• Understand the information relevant to the decision.
• Retain that information.
• Use that information as part of the process of making the decision.
• Communicate their decision (whether by talking, using sign language or any other means).

As stated above, sometimes restricting liberty may be necessary to provide the resident with the care they need as they may not realise it is in their best interest.

This is because if, for example, a resident with dementia is allowed to leave the care home, they may suddenly not remember where they are or how to get back. This would pose a risk to their health and safety.

Staff should always ensure that the care they give impose as little restriction as possible on the person receiving it and must be according to the best interest principles set out in mental capacity legislation.

Who authorises DoLS?

The authority to approve a deprivation of liberty depends on where the person lives and which UK nation they are in.

England and Wales (DoLS)
In care homes and hospitals, the supervisory body authorises a deprivation of liberty.

• In England, this is the local authority.
• In Wales, care homes apply to the local authority, and hospitals apply to the Local Health Board.
  A series of assessments must be completed before authorisation is granted.

The DoLS assessment ensures care being given to someone is in the person’s best interests.

An assessment will decide whether the deprivation of liberty is allowed to happen or not. If the assessment decides that it is allowed to happen this is called ‘authorisation’.

There are six parts to the assessment: age, mental health, mental capacity, best interests, eligibility and no refusals.

Scotland
Deprivation of liberty is authorised under the Adults with Incapacity (Scotland) Act 2000.
Applications for welfare guardianship are made to the Sheriff Court, which grants the authority. Local authorities also have duties to intervene where necessary.

Northern Ireland
Authorisation is given under the Mental Capacity Act (NI) 2016.

• In hospitals, two professionals can authorise short-term detention.
• Outside hospital, a Trust Panel authorises the deprivation of liberty.

In all cases, authorisation must be lawful, necessary, in the person’s best interests, and subject to review and challenge.

Deprivation of liberty should only be exercised if all other options have been explored and done in the least restrictive way.

How are people protected if they are deprived of their liberty?

England, Wales, Scotland and Northern Ireland all have safeguards in place concerning deprivation of liberty to protect people’s rights.

The processes vary but all aim to protect vulnerable people, ensure there are no other ways to provide the necessary care and it is the least restrictive option.

• They must make sure the person deprived of liberty has a representative,
• The freedoms taken away are reviewed regularly
• The person has the right to challenge the decision.

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Deprivation of liberty safeguards (DoLS) in England and Wales

Deprivation of Liberty Safeguards (DoLS) have been established in England and Wales.

It is part of the Mental Capacity Act 2005. It only applies to people in care homes and hospitals which have been granted a DoLS authorisation from a supervisory body.

The DoLS is a procedure put in place to make sure that if it is deemed necessary to deprive a person of some of their freedom to best care for them, their rights are protected.

The DoLS does not apply to people who are under 18 years of age.

What Are Liberty Protection Safeguards (LPS)?

Liberty Protection Safeguards (LPS) are a proposed legal framework intended to replace the Deprivation of Liberty Safeguards (DoLS) in England and Wales.

Unlike DoLS, LPS are intended to apply in a wider range of settings, including care homes, hospitals, supported living, and a person’s own home, and to cover people aged 16 and over.

LPS are designed to simplify the process of authorising a deprivation of liberty and make it less complex and intrusive. The aim is to ensure that any restrictions placed on a person who lacks mental capacity are:

• Necessary and proportionate
• In the person’s best interests
• The least restrictive option available

Although LPS were due to replace DoLS, their implementation has been delayed. The government has indicated that consultation on replacing DoLS with LPS is expected to begin in 2026.

Until LPS are introduced, DoLS remain the current system in England and Wales.

The aim of LPS has been to be simpler and easier to understand than DoLS, 

DoLS had been due to be replaced by Liberty Protection Safeguards (LPS). However the LPS scheme’s introduction has been delayed indefinitely.

Care minister Stephen Kinnock said the LPS will start consulting on replacing DoLS with LPS in 2026. He called DoLS a ‘broken system’ with ‘intrusive assessments’.

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Deprivation of liberty safeguards (DoLS) in Scotland

In Scotland, people who lack mental capacity to make full, informed decisions about their care are protected by the Adults with Incapacity (Scotland) Act 2000. This applies to anyone of 16 years old or over.

The Act stipulates that no intervention into the affairs of an adult should occur unless it benefits the adult, there is no reasonable alternative and the least restrictive option should be used. Present and past wishes must be considered.

Under the Act, local authorities have duties to investigate adults at risk and apply for guardianship or intervention orders to protect their rights.

The person who lacks capacity may have a welfare power of attorney (WPA) in place. The attorney can make decisions regarding where the granter (the person lacking capacity) should live, their care needs and medical treatments.

Guardianship

A local authority, family member, a close relative or friend can apply for a welfare guardianship to the Sheriff Court. This can include powers to arrange living circumstances and types of care for a person lacking mental capacity, which may amount to deprivation of liberty.

A guardian’s role is to represent the person deprived of liberty and can challenge decisions made about their care.

The guardian must be supported and supervised by a social worker, appointed by the local authority. The local authority’s chosen supervisor must regularly visit the guardian and the person lacking capacity to make key decisions about their care.

If no private individual applies for welfare guardianship, the local authority has a duty to do so.

In accordance with the Act, decisions made by the guardian must:

• Be beneficial to the person concerned.
• Be taken only when necessary.
• Consider the person’s wishes.
• Restrict the person’s liberties as little as possible.
• Only be taken when the person is unable to make decisions themselves.
• Involve carers, relatives and other people who work closely with the person concerned.

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Deprivation of liberty safeguards (DoLS) in Northern Ireland

The safeguards in Northern Ireland ensures that a person is only deprived of liberty when it is right to do so. The decision must adhere to the Mental Capacity Act (NI) 2016. If someone wants to deprive a person of liberty, each of the deprivation of liberty safeguards must be in place.

The deprivation of liberty safeguards in Northern Ireland are:

• It must be believed the person lacks the mental capacity to decide about the deprivation of liberty. This must be written down in a statement of incapacity.
• It must be believed and written down that a deprivation of liberty is in the person’s best interests.
• It must be believed a deprivation of liberty will help prevent serious harm to the person or other people.
• A nominated person must be consulted.
• The deprivation of liberty must be authorised.

If the person is in hospital, authorisation, also known as short-term detention, is given by two professionals for 14 days, which can be extended by another 14 days.

Outside of hospital, a Trust Panel authorises the deprivation of liberty. The panel must do so within seven days and can authorise a deprivation of liberty for a maximum of six months, which can be extended by another six months and then 12 months at a time.

Who is the nominated person?

The nominated person, which could be a family member or friend, is someone who can represent and speak up for the person lacking mental capacity.

The nominated person is unable to make decisions but should ensure that the person’s views are taken into account by health professionals. It is also the nominated person’s role to challenge decisions and make applications to the Review Tribunal.

If no one is nominated, a list of people who could act as the nominated person is available.  

The Review Tribunal is an independent panel. It reviews deprivations of liberty to ensure they are lawful and that each safeguard has been met.

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