Every person has the right to freedom.
But when someone loses the ability to make certain decisions for themselves, that freedom can sometimes be limited to keep them safe.
The law recognises how serious that is. That’s why it created the Deprivation of Liberty Safeguards – a system that ensures no one is deprived of liberty without proper authorisation or oversight.
DoLS protect people who lack mental capacity. They don’t exist to control care – they exist to make sure that when freedom is restricted, it’s done lawfully, fairly and for the right reasons.
Understanding who these safeguards apply to is essential for families, carers and professionals alike.
The Mental Capacity Act 2005 sets out how decisions should be made for people who cannot make them independently. But before DoLS were introduced, there was no formal way to authorise restrictions on liberty.
That gap in the law came to light in the “Bournewood case” (2004), when a man with autism was kept in hospital for his safety but without legal approval. The courts ruled that his human rights had been breached because there was no lawful process in place.
The government responded by introducing Deprivation of Liberty Safeguards.
Their purpose is clear: to make sure that anyone who has their freedom limited even for care or protection is treated lawfully and with dignity.
The law doesn’t judge liberty by comfort. It judges it by control.
A person is considered deprived of liberty when two conditions are met:
This definition, confirmed by the Supreme Court in the Cheshire West case, means that even care given with compassion can still amount to a deprivation of liberty if it removes choice.
The intention may be protection but the effect is restriction. That’s why DoLS exist: to ensure every restriction is necessary, proportionate and reviewed.
DoLS do not apply to everyone receiving care. They only apply in specific circumstances.
A person falls under the DoLS framework when all of the following apply:
DoLS cover adults only. Different safeguards apply to children.
This means they cannot understand, weigh or communicate decisions about where they live or the care they receive.
DoLS only cover these settings. Other living arrangements require separate court authorisation.
This might include being monitored throughout the day, requiring permission to go out or being unable to make everyday choices independently.
Even if the person doesn’t try to leave, the fact that they would be prevented from doing so is enough.
When all these conditions are met, the care provider must make an application for DoLS to the local authority known as the supervisory body for formal authorisation.
Once a hospital or care home identifies that a person’s liberty might be restricted, it must apply for authorisation.
The application for DoLS triggers six independent assessments:
If all six assessments agree, the local authority can issue a DoLS authorisation.
That authorisation doesn’t grant full control – it gives lawful permission for specific restrictions under set conditions, for a set period (up to 12 months).
Once a DoLS order is granted, safeguards continue:
The process is designed to prevent care from becoming confinement.
DoLS apply only to hospitals and care homes.
If someone is deprived of their liberty in another setting such as supported living, sheltered accommodation or their own home care providers must seek authorisation directly from the Court of Protection.
In those cases, the court issues a deprivation of liberty order rather than a DoLS authorisation.
The aim is the same to ensure that any restriction of liberty is lawful and properly reviewed but the process is handled through the courts rather than the local authority.
Without proper authorisation, any restriction of liberty even for protection is unlawful.
That means a care provider, hospital or local authority could breach a person’s human rights simply by failing to complete an application for DoLS.
Authorisation isn’t paperwork; it’s accountability. It ensures that every restriction can be explained, justified and revisited when needed.
For families, it also brings clarity. They know who has authorised the care, what it covers and when it will be reviewed.
The process can be complex. Families and care providers often need to understand whether restrictions are lawful, when to apply for authorisation or how to challenge a decision.
That’s where court of protection solicitors come in. They specialise in:
Their involvement ensures that the person at the centre of the process, the one whose liberty is being restricted remains protected under the law.
DoLS aren’t about bureaucracy. They are about rights.
They stop care from becoming detention. They remind professionals that protection must always respect personal freedom.
Every restriction authorised under DoLS is recorded, reviewed and measured against the principles of necessity and proportionality. That legal structure prevents quiet, indefinite restrictions – the kind that happen easily without anyone noticing.
And that’s why the system matters: it keeps care human.
The government plans to replace DoLS with the Liberty Protection Safeguards. The new system is expected to simplify procedures and extend protection to more settings.
Although the change has been delayed, the principle remains:
no one should be deprived of liberty without clear, lawful and transparent authorisation.
Until then, DoLS remain in force and every hospital and care home must continue to apply the safeguards correctly.
The Deprivation of Liberty Safeguards apply to adults in hospitals or care homes who lack capacity and are under continuous supervision or control.
They exist to ensure that when freedom is restricted, it’s done under law, never assumption.
DoLS protect the person, guide the professionals and give families confidence that care and liberty are kept in balance.
It’s not about bureaucracy; it’s about fairness.
Because every person regardless of their capacity deserves to live under the protection of both care and law.
If you’re unsure whether a loved one’s care arrangement requires a DoLS order or Court of Protection authorisation or you need advice on an application for DoLS,
Welford Solicitors provides professional, confidential guidance on all matters relating to Mental Capacity, DoLS and Deprivation of Liberty Orders.