Knowledge hub · Mental Capacity Act
Deprivation of Liberty Safeguards (DoLS): The 2026 Guide for Care Providers
What DoLS are, the Supreme Court's new test from 2 June 2026, who DoLS apply to, the six assessments, urgent and standard authorisations, people's rights, CQC notifications and what care homes should do now. Checked on 22 October 2026.
- Supreme Court replaced the acid test
- 2 June 2026
- DoLS applications in England, 2024 to 2025
- 364,900
- Maximum urgent authorisation, extendable once
- 7 days
- Maximum standard authorisation
- 1 year
By the Care Sync Experts compliance team, who help care homes, home care and supported living providers meet the Mental Capacity Act and CQC requirements. Every rule on this page was checked against the law and guidance listed under Sources on .
What Are the Deprivation of Liberty Safeguards (DoLS)?
The Deprivation of Liberty Safeguards (DoLS) are the legal process in the Mental Capacity Act 2005 that allows a care home or hospital in England or Wales to deprive a person aged 18 or over of their liberty for their care or treatment. The person must lack capacity to consent to the arrangements, and the deprivation must be in their best interests, necessary to prevent harm to them and proportionate.
The care home or hospital asks the local authority for authorisation, six assessments are carried out, and the person gets a representative and the right to challenge it in the Court of Protection. Since 2 June 2026, whether someone is deprived of their liberty is decided by the Supreme Court's multifactorial test, not the acid test.
DoLS protect a right: the right to liberty in Article 5 of the European Convention on Human Rights. They do not stop anyone receiving care. They make sure that when care involves keeping someone somewhere against their will, it is independently checked, time limited and open to challenge. See the new test or go straight to the process.
Our Mental Capacity Act guide covers capacity assessments and best interests decisions in depth. This guide is general information, not legal advice.
At a Glance: DoLS in October 2026
| What It Is | The legal process that lets a care home or hospital deprive an adult who lacks capacity of their liberty, for their care or treatment, in their best interests |
|---|---|
| The Law | Mental Capacity Act 2005, section 4A and Schedule A1, in force since 1 April 2009. Deprivation of liberty means the same as in Article 5(1) of the European Convention on Human Rights |
| Where | Care homes and hospitals in England and Wales. Supported living, Shared Lives and people's own homes go to the Court of Protection instead |
| Who | People aged 18 or over with a mental disorder who lack capacity to consent to the arrangements |
| The Test Since 2 June 2026 | A multifactorial assessment of the person's specific situation, including whether they object or validly consent. The Cheshire West acid test was overruled |
| Who Applies | The care home or hospital, called the managing authority |
| Who Decides | The supervisory body: the local authority (in Wales, the health board for hospitals) |
| Urgent Authorisation | Given by the care home or hospital itself for up to 7 days, extendable once by up to 7 days |
| Standard Authorisation | Up to 1 year, after six assessments that must normally be completed within 21 days |
| The Person's Rights | A relevant person's representative, an independent advocate (IMCA) in some cases, reviews, and a Court of Protection challenge under section 21A |
| CQC | In England, notify CQC of every outcome or withdrawal under Regulation 18 (in Wales, tell CIW of each request). CQC checks you consider, case by case, whether authorisation is needed |
| Replacement | Liberty Protection Safeguards were legislated for in 2019 but have no start date |
Source: Mental Capacity Act 2005, Schedule A1; [2026] UKSC 16; DHSC update (22 September 2026).
New in 2026
What the Supreme Court Changed on 2 June 2026
In A Reference by the Attorney General for Northern Ireland [2026] UKSC 16, known as AGNI, the Supreme Court changed what counts as a deprivation of liberty across the UK. The case came from Northern Ireland, but the meaning of Article 5 is the same in England and Wales, so it applies to every DoLS decision.
Cheshire West is overruled
All seven Justices agreed. The court said the acid test of continuous supervision and control and not being free to leave "has never been adopted by the European court and is wrong in principle".
A multifactorial test replaces it
The starting point is the person's specific situation: the type, duration, effects and manner of implementation of the restrictions. No single factor decides it.
People without capacity can consent
A person who lacks capacity under the Mental Capacity Act can be treated as able to give valid consent for Article 5 if they are aware of their surroundings, have a basic understanding and show they accept them.
Objection now matters
Whether the person objects is relevant again. DHSC says any objection points towards a deprivation of liberty. Mere compliance or acquiescence may not be enough to show consent.
Inability is not detention
If a person cannot leave only because of their own condition, for example they are unconscious or physically unable and cannot form a wish to leave, that is unlikely to be a deprivation of liberty.
It applied immediately
There was no transition period. DHSC, CQC, ADASS, the Welsh Government and the Welsh inspectorates all say the new definition applied from 2 June 2026.
What has not changed
- The DoLS process, forms of authorisation and time limits in Schedule A1
- The six qualifying requirements and six assessments
- Urgent authorisations of up to 7 days and standard authorisations of up to 1 year
- The person's rights: representative, advocacy, reviews and section 21A challenges
- The duty to notify CQC of DoLS outcomes under Regulation 18
- The Mental Capacity Act principles, best interests decisions and Regulation 11 (consent)
What DHSC expects
“A more cautious approach will be needed, with borderline cases referred for review.”
DHSC expects the number of authorisations to fall significantly in the long term. For now, care homes and hospitals should keep referring wherever there is doubt about objection, consent or whether Article 5 is engaged.
DHSC has said it will publish further interim guidance with case studies. It had not been published on 22 October 2026.
Source: [2026] UKSC 16, paras 53, 198, 201 and 207; DHSC update; CQC statement (16 June 2026); ADASS update note; Welsh Government, WQ99020 (23 June 2026).
The 2026 test
Is It a Deprivation of Liberty? How to Apply the New Test
A deprivation of liberty now depends on the specific situation of the person, weighed across several factors, and then on whether they validly consent. ADASS advises looking at the arrangements first, because that will rule out many cases before you reach the harder question of consent.
Are the arrangements confinement?
Weigh all eight factors below for this person, in this setting. Supervision, control and not being free to leave still count, but none of them decides it on its own.
If so, does the person validly consent?
Someone who lacks capacity under the Mental Capacity Act can still be treated as able to consent for Article 5. If there is serious doubt, no consent can be inferred, and you should refer.
The Eight Factors to Weigh
This is DHSC's list, taken from the judgment. No single factor is decisive, so record how each one applies to the person rather than ticking boxes. DHSC gives examples for the type of restrictions and for objection; the other examples are ours.
Type of restrictions
What is actually done to the person.
For example: Locked or keypad doors, physical control, supervision, sedating medication, social isolation
Duration
How long the restrictions last and how often they apply.
For example: A few hours after admission compared with every day for months
Effects
The impact on this person, which differs if they are content or not.
For example: Distress, repeated requests to go home, withdrawal, or settled and happy
Manner of implementation
How staff carry the restrictions out.
For example: Gentle redirection, compared with restraint or one-to-one staffing to manage behaviour
Whether the person objects
Any objection points towards a deprivation of liberty.
For example: Trying to leave, pushing staff away, refusing care, covert medication when they refuse medication
Closeness to a prison cell
In borderline cases, how close the situation is to the paradigm of confinement in a cell.
For example: A locked secure unit is closer than a homely room the person has made their own
Relative normality
How normal the arrangements are for someone with the person's needs.
For example: Greater restrictions are needed at home than in a care home for a deprivation of liberty to arise
Purpose
Why the arrangements exist.
For example: Care and protection, rather than punishment or coercion
Signs of objection
DHSC says any objection points towards a deprivation of liberty.
- Attempts to leave the care home or hospital
- Refusing care or treatment, or physically rejecting it, such as pushing staff away
- Physical restraint, or one-to-one care to manage behaviour
- Covert medication when the person objects to medication
- Sedating medication to manage behaviour, where it affects their ability to object
What valid consent needs
All four. Compliance alone may not be enough.
- They are conscious of their environment
- They have a basic understanding of their living circumstances
- They can express a view about their situation, in words or through behaviour
- They show that they accept it, or are happy with it
What can hide objection
Be alert to anything that stops a person showing what they want.
- Sedating medication
- Fear of the consequences of objecting
- Feeling under pressure
- Not wanting to be a burden
Finding out what the person wants
DHSC suggests asking “how do we know what this individual actually understands and wants?” rather than “are they compliant?”. Give all the communication support the person needs, look at what they say and do, check their past wishes and behaviour, read the care and medical notes, and speak to family and staff. It may take more than one visit.
Hospitals and physical inability
The court said a person who is unconscious and kept in hospital for treatment is presumed not to be deprived of their liberty, unless they are in fact detained or clearly would object. Someone who cannot leave only because of their own condition, and cannot form a wish to leave, is unlikely to be deprived of their liberty.
How the Courts Have Applied It Since June 2026
Similar restrictions are producing different answers, depending on how the person responds to them. In a care home case in September 2026, a judge warned that councils which hastily decide people previously under DoLS are no longer deprived of their liberty “may take the risk they are wrong”.
| Case | Setting | Decision | Why |
|---|---|---|---|
| Oxfordshire CC v P[2026] EWCOP 33 (T2) | Supported living | Deprived of liberty | The arrangements were very likely to amount to confinement, and there was considerable doubt that P consented. |
| Derby CC v SM[2026] EWCOP 46 (T2) | Supported living bungalow | Not deprived of liberty | SM had not validly consented, but objectively she was not confined. She seemed content enough with her day to day life, despite occasionally saying she hated it. |
| Wigan MBC v PK and MK[2026] EWCOP 52 (T2) | Shared placement with agency care | Not deprived of liberty | Twin sisters living together in a "relatively normal" setting for their needs, seeing family, with protective restrictions and no objection to the placement. |
| TW v Worcestershire CC[2026] EWCOP 54 (T2) | Care home, under DoLS | Deprived of liberty | No restraint and no attempts to leave, but consistent objection, a care plan allowing restraint and regular antipsychotic medication. To TW "this clearly feels like a prison cell". |
Source: [2026] UKSC 16, paras 53, 145, 188 to 201; DHSC update; ADASS update note; the four judgments on Find Case Law, linked above.
Interactive tool
Should We Refer for DoLS? A Quick Checker
Seven quick questions, based on what DHSC told care homes and hospitals after the judgment. It does not replace your own assessment, but it will tell you whether the guidance points towards a referral, and what to record if it does not.
What to do
Answer every question to see what DHSC's guidance points to. Choose “Not sure” whenever you are not sure: doubt is itself a reason to refer.
Our tool, built on DHSC's June 2026 guidance. It is a prompt for your own assessment and records, not a legal decision. If you are unsure, refer to the local authority.
Source: DHSC, UK Supreme Court 2026 judgment on what constitutes a deprivation of liberty, sections on assessing deprivation of liberty, objection, wishes and feelings, seeking further advice and existing authorisations.
Scope
Who Do the Deprivation of Liberty Safeguards Apply To?
DoLS can only be used when all six of these are true.
- They are 18 or over
- They are in a care home or hospital, or about to be, for care or treatment
- They have a mental disorder, such as dementia, a learning disability or a mental illness
- They lack capacity to decide whether to be accommodated there for that care or treatment
- Their arrangements amount to a deprivation of liberty under the 2026 test
- They are not ineligible because they are, or should be, subject to the Mental Health Act
The care home or hospital must request a standard authorisation if it looks likely that the person will be deprived of their liberty there at any time in the next 28 days and will meet the requirements. Do not request one for everyone who lacks capacity: the DoLS Code is clear that this is not needed.
Which Route Applies Where
| Setting | Route | Who acts |
|---|---|---|
| Care home, residential or nursing (18 or over) | DoLS | The care home requests; the local authority authorises |
| Hospital, NHS or independent (18 or over) | DoLS, unless the Mental Health Act applies | The hospital requests; the local authority authorises (in Wales, the health board) |
| Supported living, extra care housing, Shared Lives or own home (18 or over) | Court of Protection order | Usually the commissioning local authority or NHS body applies, on form COP DOL11 |
| Aged 16 or 17, any setting | Court of Protection order | Usually the local authority applies |
| Under 16 | High Court, inherent jurisdiction | The local authority applies |
| Detained in hospital under the Mental Health Act 1983 | Mental Health Act, not DoLS | The person is ineligible for DoLS under Schedule 1A |
Supported living and home care providers: you cannot use DoLS. If you think someone you support may be deprived of their liberty, tell the commissioning local authority, which decides whether to apply to the Court of Protection. The court fee is £432.
The Supreme Court said that for someone living in their own home in line with their wishes, restrictions would need to be more severe to amount to a deprivation of liberty, and DHSC expects authorisations to fall overall. Our supported living guide covers the rest of what CQC expects.
Source: Schedule A1, paras 1, 13 to 17 and 24; Schedule 1A; section 4A; DHSC update; gov.uk, Deprivation of liberty orders.
Step by step
The DoLS Process: How Authorisation Works
The process in Schedule A1 has not changed since the Supreme Court judgment. The care home or hospital is the managing authority, and the local authority is the supervisory body.
Care home or hospital
Spot a possible deprivation of liberty
Apply the 2026 test to the person's actual care plan and record your reasoning. You must request authorisation if the person is likely to be deprived of their liberty with you in the next 28 days.
Care home or hospital
Request a standard authorisation
Send the request to the supervisory body, on the local authority's request form, and keep a written record of the request and your reasons. If the deprivation must start now, give an urgent authorisation of up to 7 days at the same time.
Care home or hospital
Flag anyone with no one to speak for them
If there is no family member or friend to consult, other than paid carers, tell the local authority. It must instruct an Independent Mental Capacity Advocate (IMCA).
Local authority
Six assessments are carried out
The local authority arranges the assessors. In England they must finish within 21 days of the request arriving, or before an urgent authorisation runs out. Wales counts 21 days from when the assessors are instructed, or 5 days if an urgent authorisation was given.
Local authority
Grant, with or without conditions, or refuse
If all six assessments are positive, the local authority must grant it, for no longer than the best interests assessor recommends and never more than 1 year. It can attach conditions. If any assessment is negative, it must not grant.
Local authority
A relevant person's representative is appointed
Usually a family member or friend, or a paid representative if there is no one suitable. They keep in contact with the person, represent them and support them, including to challenge the authorisation.
Care home or hospital
Explain rights, meet conditions, notify CQC
Help the person understand the authorisation and their rights, orally and in writing, and give the same information to the representative. Make sure every condition is met, and notify CQC of the outcome.
Care home or hospital
Review, renew or end
Ask for a review if the person's situation changes. Request any renewal in good time: ADASS recommends councils identify renewals at least 28 days before expiry, so send yours by then. If it is no longer needed, tell the local authority.
The Two Types of DoLS Authorisation
| Feature | Urgent authorisation | Standard authorisation |
|---|---|---|
| Who gives it | The care home or hospital itself (the managing authority) | The local authority (the supervisory body) |
| When | When the deprivation is so urgent it must start before a standard request can be decided | When the person is likely to be deprived of their liberty within the next 28 days |
| How long | Up to 7 days | Up to the best interests assessor's recommended period, never more than 1 year |
| Extension | Once, by up to 7 days, by the local authority, for exceptional reasons | No extension: request a new authorisation before it expires |
| Assessments | None first, but a standard request must be made alongside it | All six must be positive |
| Paperwork | Written record of why; copy to the person and any IMCA; rights explained orally and in writing | Copies to the person, representative, care home, any IMCA and everyone consulted |
An authorisation does not authorise treatment. It covers the deprivation of liberty only. Care and treatment still need the person's consent, or a best interests decision under the Mental Capacity Act.
Source: Schedule A1, paras 24, 32, 42, 50 to 59, 74 to 85, 103 and 139; MCA ss.39A and 39D; SI 2008/1858, reg 13; SI 2009/783 (Wales); DoLS Code of Practice, paras 1.10, 4.9 and 4.10; ADASS DoLS priority tool.
Six requirements
The Six DoLS Assessments
Schedule A1 calls them qualifying requirements, and each one has its own assessment. The local authority must grant a standard authorisation if all six are met, and must not grant it if any one is not.
| Requirement | What it asks | Who can assess (England) | Law |
|---|---|---|---|
| Age | Is the person 18 or over? | Anyone eligible to be a best interests assessor | Para 13 |
| Mental health | Does the person have a mental disorder within the meaning of the Mental Health Act 1983 (including a learning disability)? | A section 12 approved doctor, or a doctor with 3 years' experience in mental disorder, with DoLS training | Para 14 |
| Mental capacity | Does the person lack capacity to decide whether to be accommodated in this care home or hospital for this care or treatment? | A mental health assessor or a best interests assessor | Para 15 |
| Best interests | Is the person deprived of their liberty, and is that in their best interests, necessary to prevent harm to them and proportionate to the likelihood and seriousness of that harm? | A best interests assessor: an approved mental health professional, social worker, nurse, occupational therapist or chartered psychologist with 2 years' experience and BIA training | Para 16 |
| Eligibility | Is the person ineligible because they are, or should be, under the Mental Health Act instead? | A section 12 doctor who can be the mental health assessor, or an AMHP who can be the best interests assessor | Para 17, Sch 1A |
| No refusals | Would it conflict with a valid advance decision, or a valid decision by a health and welfare attorney or deputy? | Anyone eligible to be a best interests assessor | Paras 18 to 20 |
If one fails
The local authority must refuse and give notice to the care home, the person and everyone consulted. The home must then change the care plan so the person is not deprived of their liberty, or take advice on another lawful route.
Conditions
The best interests assessor can recommend conditions, such as a medication review or regular trips out. The care home must make sure they are met. In Wales, 46% of local authority authorisations in 2024 to 2025 had conditions attached.
New since July 2026
For lower priority cases, ADASS now suggests a best interests assessor alone can confirm whether the new test is met, without a doctor, using ADASS's optional Form 3A.
Assessors cannot be relatives of the person or have a financial interest in the care home. The examples of conditions are ours.
Source: Schedule A1, paras 12 to 20, 33, 50 and 53; SI 2008/1858, regs 4 to 11; ADASS DoLS priority tool (July 2026).
Interactive tool
DoLS Date Calculator
Work out when an urgent authorisation runs out, when the local authority should finish its assessments, and when to send a renewal request.
Your dates
Choose what you need and enter the date to see your key dates.
A guide, not legal advice. If your authorisation or the local authority states a different date, follow that.
Source: Schedule A1, paras 29, 77, 78, 84 and 85; SI 2008/1858, reg 13; ADASS DoLS priority tool.
Safeguards
The Person's Rights Under DoLS
These rights are the “safeguards” in Deprivation of Liberty Safeguards. Most of them depend on DoLS applying, so people who now fall outside DoLS lose them. For those people, the Mental Capacity Act, the Care Act and Article 8 still apply.
A relevant person's representative
Appointed by the local authority as soon as practicable after a standard authorisation. They keep in contact with the person, represent them and support them. Care homes should monitor whether the representative keeps in regular contact.
An independent advocate (IMCA)
The local authority must instruct an IMCA if, during the process, there is no one to consult other than paid carers, or if a representative's appointment ends and there is still no one else to consult. Where the representative is unpaid, the person or the representative can also ask for an IMCA to help them use their rights.
A review at any time
The person, their representative or the care home can ask the local authority to review the authorisation, and it must do so. The care home must ask for a review if the person seems no longer to meet one of the requirements.
A Court of Protection challenge
Under section 21A, the person or their representative can ask the Court of Protection to decide whether the requirements are met. The court can vary the authorisation, end it, or change its conditions. Urgent authorisations can be challenged too.
Information they can understand
The care home must take practicable steps to help the person understand the authorisation and their rights to challenge, review and advocacy, orally and in writing, and give the representative a copy of anything written.
Family, friends and attorneys
Anyone who thinks a person is deprived of their liberty without authorisation can ask the care home to apply and, if it does not, ask the local authority, which must normally have it assessed within 7 days in England (in Wales, 5 days from when the assessor is instructed). DoLS cannot override a valid decision of a health and welfare attorney or deputy.
Source: Schedule A1, paras 18 to 20, 59, 67 to 73, 83, 102, 103 and 139 to 141; MCA s.21A; ss.39A, 39C and 39D; SI 2008/1858, reg 14; SI 2009/783 (Wales), reg 10; DoLS Code of Practice.
Regulation 13 and 18
DoLS and CQC: Notifications and Inspection
Regulation 13(5) says a person must not be deprived of their liberty for care or treatment “without lawful authority”. CQC checks this under the Effective quality statement, consent to care and treatment, and through your notifications. It received over 185,000 DoLS notifications in 2024/25, 15% more than the year before.
Notifying CQC
Tell CQC the outcome of every standard authorisation request and every Court of Protection application about depriving someone you care for of their liberty, or tell it when one is withdrawn. Notify once you know the outcome, not when you apply. Include court outcomes even where you did not apply yourself. In Wales, care homes notify Care Inspectorate Wales instead, and must tell CIW when they make a DoLS request.
What to include
- The date and type of request: standard authorisation or Court of Protection application
- Whether an urgent authorisation was given first
- The outcome, or why the request was withdrawn
- The date of the outcome or withdrawal
Use the CQC provider portal, or email the DoLS notification form to HSCA_notifications@cqc.org.uk. Our statutory notifications guide covers every other notification.
What inspectors look for
CQC says it will take a proportionate approach while providers adjust to the judgment, and that the Mental Capacity Act and Regulation 11 have not changed. Based on its statement, its State of Care findings and the regulations, we expect inspectors to check that:
- You consider, person by person, whether an authorisation may be needed, and record why
- Staff recognise restrictions, such as locked bedroom doors or clothes kept locked away
- Restrictions are reviewed regularly to check they are still proportionate
- Renewals are requested in good time, using the correct process
- Every condition on an authorisation is being met, with evidence
- Capacity assessments and best interests decisions are recorded, whether or not the person is deprived of liberty
- DoLS outcomes have been notified to CQC
Source: CQC (Registration) Regulations 2009, reg 18(4A) and (4B); Regulated Activities Regulations 2014, reg 13; CQC, DoLS notification form; CQC statement (16 June 2026); CQC, State of Care 2024/25: DoLS.
The data
DoLS in Numbers
England, 1 April 2024 to 31 March 2025, the latest year published. Figures for 2025 to 2026 are due on 5 November 2026, and the judgment means later years are likely to look very different.
- Applications received, up 9.8% on the year before
- 364,900
- Came with an urgent authorisation
- 58%
- Average time from application to completion
- 126 days
- Standard applications completed within 21 days
- 21.1%
- Still not completed at the end of the year
- 118,850
- Of fully assessed applications were granted
- 97.5%
How the 353,935 completed applications ended
- Fully assessed45.1%
- Partially assessed4.6%
- Closed without any assessment50.3%
About 85% of people in applications were aged 65 or over, and about 59% of applications came from care homes (our sums of DHSC's local authority data).
Wales, 2024 to 2025
- 13,019 applications to local authorities, up 10%
- 9,222 applications to health boards, up 23%
- 43% of local authority standard assessments within 21 days
- 97% of applications assessed by local authorities were authorised
What About the Liberty Protection Safeguards?
LPS were meant to replace DoLS. They have never been brought into force and there is no start date, so DoLS remains the law for care homes and hospitals.
May 2019
The Mental Capacity (Amendment) Act 2019 sets out Liberty Protection Safeguards for people aged 16 and over in any setting.
April 2023
The government delays LPS "beyond the life of this Parliament".
October 2025
DHSC promises a consultation on LPS in the first half of 2026. It had not been published by 22 October 2026.
June 2026
The Supreme Court changes the definition of deprivation of liberty, which LPS would also rely on.
October 2026
DHSC says it is assessing what the judgment means for LPS and will set out plans as quickly as possible.
Source: DHSC, DoLS England 2024 to 2025 (26 March 2026); 2025 to 2026 release date; CIW and HIW, DoLS monitoring report 2024 to 2025; DHSC, 18 October 2025; Community Care, 13 October 2026.
Our advice
What Care Homes Should Do Now: An 8-Step Plan
This is the plan we recommend to care home and hospital managers after the judgment. It follows DHSC's guidance and what CQC has said it will check.
Brief your whole team
DHSC asks care homes to share the ruling, or an accurate summary, across the organisation and train staff on the new definition. Start with nurses, seniors and anyone who completes DoLS paperwork.
Update your policy and leaflets
Remove the acid test from your Mental Capacity Act and DoLS policy, procedures, training materials and anything you give residents and families. DHSC names policies, protocols, websites and leaflets.
List every DoLS case
Everyone with a standard or urgent authorisation, a request waiting with the local authority, or an authorisation ending in the next three months. Note the expiry date and every condition.
Look again at each person
Weigh the eight factors for each resident and record what they communicate, in words and behaviour, over more than one observation. Ask family and staff what the person has said and done before.
Refer whenever there is doubt
Keep requesting authorisations and renewals where there is any doubt about objection, consent or significant restrictions. Do not let an authorisation lapse on your own: if you think a person no longer meets a requirement, ask the local authority for a review, as Schedule A1 requires, and record what you found.
Reduce restrictions where you can
If a person no longer needs a restriction, remove it. DHSC confirms restrictions can be reduced within an existing authorisation without a review or a new authorisation.
Keep meeting conditions and notifying
An existing authorisation stays lawful until it is reviewed or ends, so its conditions still apply. Keep notifying CQC of every outcome or withdrawal (in Wales, notify Care Inspectorate Wales).
Keep good records for everyone
People outside DoLS still need capacity assessments, best interests decisions and the least restrictive option, and their right to private and family life still applies. Write down why you decided someone is not deprived of their liberty.
Common DoLS Mistakes
- Treating "no longer deprived of liberty" as "no longer needs any safeguards"
- Not asking the local authority for a review when a person seems no longer to meet a requirement
- Treating compliance, or a resident who seems settled because of sedation, as consent
- Not meeting the conditions attached to an authorisation
- Requesting renewals late, so the person is left without authorisation
- Not recognising restrictions, such as locked bedroom doors or clothes kept locked away
- Notifying CQC when you apply, instead of when you know the outcome, or not at all
- Requesting DoLS for every resident who lacks capacity
- Trying to use DoLS in supported living or someone's own home
- Assuming a DoLS authorisation also authorises care or treatment
Check before CQC does
A mock CQC inspection tests your DoLS records, conditions and notifications the way an assessor would. Our guides to the Mental Capacity Act and the quality statements show what good looks like.
Source: Our advice, built on DHSC's update, CQC's statement and CQC's State of Care findings on DoLS.
Need Help With DoLS?
We help care homes update their Mental Capacity Act and DoLS policies for the 2026 test, train staff, audit DoLS records, conditions and notifications, and prepare for CQC assessment.
Sources
Every rule, figure and date in this guide comes from these pages, checked on 22 October 2026. Where we give our own advice or interpretation, such as the 8-step plan, the checker, the calculator's counting and the derived percentages, we say so. This guide is general information, not legal advice.
The law
- Mental Capacity Act 2005, Schedule A1: hospital and care home residents, deprivation of liberty
- Mental Capacity Act 2005, Schedule 1A: persons ineligible
- Section 4A: restriction on deprivation of liberty
- Section 21A: powers of the court in relation to Schedule A1
- Sections 39A, 39C and 39D: independent mental capacity advocates
- Section 64: interpretation, including deprivation of liberty
- DoLS (Assessments, Standard Authorisations and Disputes about Residence) Regulations 2008, SI 2008/1858
- CQC (Registration) Regulations 2009, regulation 18: notification of other incidents
- Regulated Activities Regulations 2014, regulation 13: safeguarding
- Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009, SI 2009/783
- Court and Tribunal Fees (Miscellaneous Amendments) Order 2026, SI 2026/642, as amended by SI 2026/665 (in force 13 July 2026)
The Supreme Court judgment and court decisions
Government and regulator guidance
- DHSC, UK Supreme Court 2026 judgment on what constitutes a deprivation of liberty (15 June 2026, updated 22 September 2026)
- Deprivation of Liberty Safeguards Code of Practice (2008, republished 2 June 2026)
- CQC statement on the Supreme Court's judgment on deprivation of liberty (16 June 2026)
- CQC, DoLS notification form (12 March 2024)
- CQC, State of Care 2024/25: Deprivation of Liberty Safeguards (24 October 2025)
- gov.uk, Deprivation of liberty orders (13 July 2026)
- Healthcare Inspectorate Wales, Supreme Court judgment statement (24 June 2026)
- Care Inspectorate Wales, Supreme Court judgment statement (15 June 2026)
- Welsh Government, written answer WQ99020 (23 June 2026)
- ADASS, update note on the judgment (18 August 2026)
- ADASS, DoLS priority tool (24 July 2026)
Data and the Liberty Protection Safeguards
- DHSC, Deprivation of Liberty Safeguards, England: 2024 to 2025 (26 March 2026)
- DHSC, Deprivation of Liberty Safeguards, England: 2025 to 2026, release date
- CIW and HIW, DoLS annual monitoring report 2024 to 2025
- Mental Capacity (Amendment) Act 2019
- Welsh Government, written statement on LPS (5 April 2023)
- DHSC, Improved safeguarding and protections for vulnerable people (18 October 2025)
- Community Care, DHSC still mulling AGNI ruling's implications for LPS (13 October 2026)
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