Care should protect, not confine.
But when a person can no longer make safe choices for themselves, their care sometimes involves restrictions — supervision, medication, locked doors or limits on movement.
When that happens, the law steps in.
Deprivation of Liberty Safeguards, known as DoLS, exist to make sure that any restriction of a person’s freedom is lawful, proportionate and properly reviewed. They apply to people who lack the mental capacity to make certain decisions about their care or treatment.
The rules are clear: if someone’s liberty is restricted for their safety, it must be authorised and regularly checked. Anything less would be unlawful.
The Mental Capacity Act 2005 provides a framework for making decisions on behalf of people who lack capacity. But after several court cases revealed that people were being kept in care without proper legal authority, new safeguards were needed.
That’s how DoLS were introduced as a legal backstop for situations where safety required restriction.
They ensure that every person in a hospital or care home who is not free to leave and who is under continuous supervision or control, is protected by a lawful process.
It’s not about bureaucracy. It’s about accountability.
A deprivation of liberty isn’t limited to locked wards or secure units. It can happen quietly, even in well-run care homes.
For example:
If those restrictions are in place and the person cannot consent, a DoLS authorisation is required.
A DoLS order gives hospitals and care homes the legal right to provide care that restricts liberty but only within clear limits. It allows professionals to:
Each authorisation lasts a maximum of 12 months and must be reviewed if circumstances change.
DoLS don’t remove a person’s rights. They make sure those rights are respected within the reality of their care needs.
When a care provider believes someone is deprived of liberty, it must submit an application for DoLS to the local authority.
That authority appoints trained professionals to carry out six assessments, looking at:
If all assessments confirm that a deprivation of liberty is necessary, a DoLS authorisation is granted.
A Relevant Person’s Representative, usually a family member or advocate is then appointed to monitor the authorisation, request reviews and challenge it if needed.
DoLS cover hospitals and care homes.
If a person’s liberty is restricted elsewhere for instance, in supported living, sheltered accommodation or their own home the case must go to the Court of Protection for a deprivation of liberty order.
The principles are identical: the restriction must be necessary, proportionate and legally authorised.
The Court of Protection oversees complex cases involving capacity, welfare and liberty.
In relation to DoLS, it can:
For families, the Court of Protection provides reassurance that no restriction of freedom happens without judicial oversight.
For many families, the idea of going to court sounds costly. However, cases involving a deprivation of liberty are different. When a person lacks capacity and is challenging a DoLS authorisation, non-means tested legal aid is automatically available to them. This means their legal representation is free regardless of their financial circumstances. That funding exists because liberty is a fundamental right – not something that depends on financial means.
For relatives involved in the case, Legal Aid may still be available, but it is assessed on a means-tested basis.
Through Welford Solicitors and the Legal Aid scheme, individuals lacking capacity, as well as eligible family members, can access specialist Court of Protection representation without the need for private payment. This ensures that anyone affected by a deprivation of liberty has a fair opportunity to access justice.
Legal Aid typically covers:
This protection matters. Without it, many families would struggle to question decisions that profoundly affect their relatives’ freedom and wellbeing.
DoLS are often misunderstood as red tape. In reality, they’re the safeguard between lawful care and unlawful detention.
They protect people who cannot protect themselves not from care, but from being forgotten inside it.
For professionals, DoLS provide structure and clarity. For families, they offer reassurance that someone’s liberty can never be limited without legal accountability.
Understanding them isn’t about learning procedures. It’s about recognising that even when a person loses capacity, their rights remain.
The Government plans to replace DoLS with a new system called the Liberty Protection Safeguards. The goal is to simplify the process and cover a wider range of care settings.
Implementation has been delayed several times, so DoLS remain in force. Until LPS begins, the current framework continues to protect people whose freedom is restricted for care or safety reasons.
At its heart, a DoLS order is about balancing and keeping someone safe while keeping the system honest.
It ensures that care decisions, however complex, stay grounded in law and compassion. It prevents silence and oversight from turning into something worse.
And it reminds every carer, family member and professional that protecting someone’s safety should never mean erasing their freedom.
If you remember nothing else, remember this: DoLS exist to keep humanity inside the law.
If you’re unsure whether a loved one’s care involves a deprivation of liberty, or if you need to challenge an existing authorisation, getting professional advice helps ensure everything is done lawfully and with dignity.
Welford Solicitors specialises in Court of Protection and Mental Capacity law. Through Legal Aid, our accredited team helps families and individuals get clear guidance and representation at no cost.
We focus on clarity, care and compliance ensuring that decisions about liberty always stay transparent, lawful, and fair.