Deprivation of Liberty Safeguards (DoLS) Explained: 2026 Update

In short: the Deprivation of Liberty Safeguards (DoLS) make sure that when a care home or hospital restricts someone's freedom in a way that amounts to a "deprivation of liberty", it is lawful and in their best interests. If a relative is "under DoLS", it isn't a punishment or a sign of poor care: it is a legal protection. The test for when DoLS are needed changed in June 2026.

Who DoLS apply to

DoLS apply in England and Wales to people aged 18 or over who are in a care home or hospital, who lack the mental capacity to consent to their care arrangements, and whose care amounts to a deprivation of their liberty. In other settings, such as supported living or someone's own home, a deprivation of liberty has to be authorised by the Court of Protection instead.

Scotland and Northern Ireland have their own laws.

How the test works now

Since the Supreme Court judgment of 2 June 2026, deciding whether someone is deprived of their liberty means looking at their whole situation. No single factor decides it. Things that matter include:

• The person's wishes and feelings. These carry significant weight.
• Whether they object. Trying to leave, or physically resisting care, points towards a deprivation of liberty.
• Whether they accept the arrangements. The court decided that someone who lacks capacity under the Mental Capacity Act may still be able to give valid consent to their care arrangements.

The government's guidance notes that medication which sedates someone may stop them from objecting, so that has to be taken into account too.

How a DoLS authorisation works

• Who decides: the care home or hospital applies to the council where the person normally lives (the "supervisory body"), which should decide within 21 days.
• Assessments: before authorising, the council checks a number of things, including the person's age, their mental capacity, and whether the arrangements are in their best interests.
• Urgent cases: the care home can give itself an urgent authorisation for up to 7 days, which the council can extend by up to 7 more.
• How long it lasts: a standard authorisation lasts up to 12 months and can't be extended. If it is still needed, a new one must be applied for.

The person's rights

• A representative: everyone under DoLS must have a "relevant person's representative", usually a family member or friend. If no one suitable can do it, the council must pay for one.
• An advocate: if the representative is unpaid, both the person and their representative are entitled to an independent mental capacity advocate (IMCA).
• A review: the person or their representative can ask for the authorisation to be reviewed.
• The Court of Protection: they can challenge the authorisation there at any time.

What about the Liberty Protection Safeguards?

The Liberty Protection Safeguards (LPS) were passed into law in 2019 to replace DoLS, but they have not been brought in. Until they are, DoLS remain the system in care homes and hospitals.

Questions to ask the care home

• Does my relative have, or need, a DoLS authorisation? When does it end?
• Has their case been looked at again since the June 2026 judgment?
• Who is their relevant person's representative, and can I take on that role?
• What restrictions are in place, and what is being done to keep them to a minimum?

Related guides

• Does the NHS Pay for Dementia Care? NHS Continuing Healthcare Explained
• How Much Does Dementia Care Cost in the UK? 2026 Fees by Region
• Residential vs Nursing Dementia Care: Which Does Your Parent Need?
• Early-Onset Dementia Care: Options for People Under 65

Sources

• UK Supreme Court 2026 judgment on what constitutes a deprivation of liberty (GOV.UK)
• Deprivation of Liberty Safeguards at a glance (SCIE)
• Mental Capacity Act 2005 (legislation.gov.uk)