Protecting Rights, Freedom & Dignity

Deprivation of Liberty Solicitors

When a vulnerable person’s liberty is restricted, it must be lawful, the least restrictive and in their best interests.

We specialise in DoLS orders under the Mental Capacity Act 2005, ensuring that every person deprived of their liberty receives fair treatment and proper legal safeguards. Whether your loved one is in a care home, hospital or community setting, our team acts quickly to assess and, where necessary to challenge the DoLS authorisations. We are regularly instructed by advocates and RPR’s to represent individuals who wish to challenge their deprivation of liberty by utilising their rights under s21a of the Mental Capacity Act 2005.

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No one should lose their freedom without due process. Our deprivation of liberty solicitors are here to protect those who lack capacity to make their own decisions, making sure their care arrangements respect their rights, dignity and wellbeing. If your loved one is objecting to being deprived of their liberty, then we may be able to make an application to the Court of Protection to challenge the deprivation.We provide clear, accessible guidance to families, advocacy support workers and healthcare professionals facing complex cases, ensuring that every step is lawful and in the person’s best interests.

Expert Legal Support When It Matters

If you’re worried about how a DoLS order or authorisation is affecting someone you care for, speak to our team today.

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  • Challenging a Deprivation of Liberty Authorisation

    We help families and representatives challenge existing authorisations that may no longer reflect the person’s best interests. We also assist those that may be subject to a deprivation of liberty but object to being so. We have a specialist team that are regularly instructed on such matters.

  • Advice on DoLS in Care Homes and Hospital settings

    Our DoLS solicitors advise families on how restrictions should be applied lawfully in care homes and hospital settings. If as a family member you are concerned about the deprivation of liberty of a loved one who is no longer at home, then an application can be made to the Court of Protection to review the arrangements.

  • Support for DoLS in the Community

    We can also assist with Deprivation of Liberty orders for people living in supported living or community-based care arrangements requiring Court of Protection approval. We are often instructed by Rule 1.2 representatives and family members who may have caring responsibilities. Individuals can be subject to a DoLS order within their own home, but this needs to be authorised by the court.

  • Urgent Section 21A Challenges

    There may be times when an urgent application needs to be made because you may feel someone is not safe in their setting, or for some other reason. If you have such concerns, then one of our Court of Protection Solicitors may be able to make an urgent application to the court. The court will then review the arrangements and ensure that the arrangements in place are in the persons best interest.

  • Representation in Court of Protection Hearings

    Our Court of Protection solicitors regularly appear before the court, both locally and nationally, they represent clients in hearings involving DoLS orders, health & welfare disputes and when there is a dispute about capacity itself.

Understanding Deprivation of Liberty

What Is a Deprivation of Liberty?

A Deprivation of Liberty Safeguard allows a care home, hospital or local authority to restrict a person’s freedom when they lack mental capacity to make decisions about their residence or care.
It is designed to keep people safe but it must comply with strict legal standards under the Mental Capacity Act 2005.
You may need legal advice if:

  1. A loved one is under continuous supervision and control and cannot leave freely.
  2. You’re concerned that a care plan or hospital arrangement is overly restrictive.
  3. You believe someone is being deprived of liberty without authorisation.

You want to challenge an existing Dols authorisation.
Our Deprivation of Liberty solicitors make sure every authorisation is lawful, necessary and the least restrictive — always protecting the person’s best interests.


Why Choose Welford Solicitors for DoLS Cases?

  • Specialists in Health & Welfare Law
    We focus solely on contentious Health & Welfare Court of Protection cases, ensuring in depth knowledge and consistency in outcomes. We have a nationwide reputation for our client care and expertise in this specialist area.
  • Urgent Action When It Counts
    We move fast in emergencies involving hospital discharges, care placement disputes or restrictive DoLS conditions. You can speak to a Solicitor immediately who will advise whether we are able to represent you and whether you are eligible for legal aid.
  • Compassionate and Clear Support
    Our clients value our ability to explain complex issues in plain English, without legal jargon. Health & Welfare cases are often emotionally charged which is why our approach is always person centred.
  • Nationwide Representation
    Our DoLS solicitors represent clients across England and Wales, working with families and advocacy services.

Legal Aid for Deprivation of Liberty Cases

Funding Support When It Matters Most

Many Deprivation of Liberty cases qualify for non-means-tested Legal Aid, meaning financial circumstances are often not a barrier to representation. Legal Aid is frequently available for Section 21A challenges and other Court of Protection proceedings relating to DoLS.

Our solicitors will assess eligibility at the earliest stage, explain how funding works, and handle the application on your behalf. This ensures urgent concerns about liberty, care and treatment can be addressed without delay or unnecessary stress for families and representatives.


The care home or hospital applies to the local authority, which undertakes a number of assessments and authorises the DoLS if it’s necessary and proportionate. If it is, they will grant what is known as a Standard Authorisation which provides the legal authority to deprive the person of their liberty. 

Yes. Families can challenge a DoLS authorisation through the Court of Protection if they disagree with the restrictions in place or if they believe that the placement is not in the persons best interest.

A deprivation of liberty within a care home or hospital setting can be authorised by the local authority by the grant of a Standard Authorisation, however, if the deprivation of liberty is within the community and in the persons own home, then this must be authorised annually by the court.

It permits the carer or hospital to stop the person from leaving the premises and provide essential care and treatment which is deemed to be in the persons best interests.

Yes. But these arrangements must be authorised by the Court of Protection rather than through local authorities as this is what is known as a community DoLS.

DoLS authorisations can last up to a maximum of 12 months and must be reviewed if the person’s circumstances change. Sometimes they are authorised for a shorter period of time. The authorisation documents will confirm the start and end date. Once an authorisation comes to an end, a fresh set of assessments must be undertaken and a new authorisation needs to be put in place, if so required.

There are special rules around the deprivation of liberty of 16 and 17 year olds, minors below that age are protected by other legal frameworks.

Each DoLS requires assessments by qualified professionals, regular reviews and the right to challenge through the Court of Protection. Someone who is subject to a DoLS will also have an advocate or Relevant Persons Representative (RPR) appointed who will visit the person and ensure compliance. The RPR can trigger an application to the Court of Protection.

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If you’re dealing with a Court of Protection, Mental Health or Health and Welfare issue, our team is ready to help.

We act with care, urgency and precision to protect vulnerable people and support those who care for them.

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