Every person in care has a right to liberty.
Sometimes, though, keeping someone safe means limiting what they can do or where they can go. When that happens, the law demands that those limits are recorded, reviewed and justified.
That legal protection is called the Deprivation of Liberty Safeguards, usually shortened to DoLS. They sit under the Mental Capacity Act 2005 and exist to make sure that no one loses their freedom without proper oversight and the legal framework to do so.
DoLS were created for adults who can’t make certain decisions for themselves, due to an impairment in the functioning of the mind or brain. The law calls this a lack of capacity. It might be caused by dementia, a brain injury, a learning disability or another condition that affects understanding or communication.
If someone in that situation is placed under continuous supervision or prevented from leaving a hospital or care home, they are in legal terms deprived of their liberty.
The safeguards don’t stop care homes or hospitals from providing support. They simply make sure the restrictions are:
Without that authorisation, the care provider risks breaching the person’s human rights.
The safeguards only apply when all of the following conditions are met:
That last part is important. It doesn’t mean they’re locked in a room; it means they can’t simply decide to leave or live elsewhere without agreement from others.
Someone with advanced dementia in a residential home, a patient on a locked ward or a person with a learning disability living under strict routines – all may fall within DoLS if the restrictions are significant enough.
Depriving someone of liberty without permission isn’t just a paperwork issue. It’s unlawful. Article 5 of the European Convention on Human Rights gives everyone the right to liberty and security.
So, when a person’s freedom has to be restricted, a formal application for DoLS must be made. This application allows the local authority to check that the situation meets the legal tests and that the restriction truly benefits the person involved.
The care home or hospital – known as the managing authority – recognises that someone in its care may be under constant supervision or not free to leave.
The managing authority sends an application for DoLS to the local authority, which acts as the supervisory body.
Six assessments follow, covering the person’s age, mental health, capacity, eligibility under the Mental Health Act, any advance refusals and whether the restriction is in their best interests.
If all criteria are met, the local authority grants a standard authorisation often called a DoLS order. It can last up to twelve months but must be reviewed sooner if circumstances change.
The person must have a Representative (usually a relative or friend) who can speak for them, ask for reviews or challenge the authorisation in the Court of Protection.
DoLS cover only hospitals and care homes.
If someone is deprived of liberty elsewhere for example, in supported living or their own home a deprivation of liberty order must be made by the Court of Protection instead.
The principle is identical: no restriction of freedom without clear, lawful authority. The difference is who grants it.
Because DoLS touch on human rights and mental capacity law, many families choose to work with court of protection solicitors. A solicitor specialising in this field can:
A good solicitor brings perspective. They make sure everyone involved remembers that behind the forms and checklists is a real person with a life, history and rights that still matter.
The Government intends to replace DoLS with the Liberty Protection Safeguards (LPS), a system meant to simplify procedures and cover more settings.
Implementation has been delayed several times, so DoLS remain in force. Until LPS begins, every hospital and care home must continue to apply the existing rules.
DoLS are not about control. They’re about accountability.
They exist so that people who cannot decide for themselves are still treated with respect and fairness.
For families, understanding how the system works helps turn confusion into confidence. You don’t need to know every form number; you just need to know that any restriction on a loved one’s liberty must be justified, reviewed and open to challenge.
Welford Solicitors specialises in Mental Capacity and Court of Protection law. Our team advises families, care providers and local authorities on every aspect of deprivation of liberty ensuring that decisions remain lawful and humane.