If you have been told that a care home is applying for a Deprivation of Liberty Safeguards authorisation for your relative, it can feel alarming. Words like "deprivation" and "liberty" sound serious, and for many families this is the first time they have encountered this process. In reality, a DoLS authorisation is a legal protection, not a punishment. It exists to ensure that restricting someone's freedom in a care home is done lawfully, proportionately, and in that person's best interests. Without it, a care home that restricts a resident's movement could be acting unlawfully even when the restriction is medically necessary. This guide explains what DoLS means in plain language, when it applies, what the process involves, what your rights are as a family member, and what the upcoming Liberty Protection Safeguards reform means in 2026.
What is a Deprivation of Liberty?
Under the Mental Capacity Act 2005, a person is considered to be deprived of their liberty when they are under continuous supervision and control and are not free to leave the place where they are being cared for.
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This does not require physical restraint or locked doors. The Supreme Court confirmed in the Cheshire West case (2014) that the key question is simply whether the person is free to leave and whether they are under constant supervision. If the answer to both is no, and the person lacks the mental capacity to consent to being there, a deprivation of liberty is taking place, regardless of how comfortable or well-cared-for the person is.
Common situations where a deprivation of liberty occurs in a care home:
- Doors are locked and a person with dementia cannot leave unsupervised
- A resident is physically assisted back to the building if they attempt to leave
- A resident is under continuous one-to-one observation for safety reasons
- A resident cannot choose to go home because they lack the capacity to understand the risks of doing so
Important distinction: a deprivation of liberty is not the same as everyday restrictions. Asking a resident not to enter another person's room, or requiring them to attend mealtimes at certain hours, is a restriction. It only becomes a deprivation of liberty when the restriction is continuous, the person cannot consent to it, and they are not free to leave altogether.
What DoLS means and who it applies to
The Deprivation of Liberty Safeguards (DoLS) are a legal framework under the Mental Capacity Act 2005 that requires care homes and hospitals to obtain formal authorisation before restricting a person's liberty. The authorisation confirms that the deprivation is necessary, proportionate, and in the person's best interests.
DoLS apply to people who meet all of the following criteria:
- Aged 18 or over
- Living in a care home or hospital in England or Wales
- Have an impairment of the mind or brain (such as dementia, a learning disability, or a brain injury)
- Lack the mental capacity to consent to the care arrangements that deprive them of their liberty
DoLS do not currently apply to people in their own homes, supported living arrangements, or community settings. This is one of the significant limitations of the current system and a key reason why it is being replaced by the Liberty Protection Safeguards.
The DoLS process: what happens step by step
| Step | Who is responsible | What happens | Timeframe |
|---|---|---|---|
| 1. Care home identifies a potential deprivation | The managing authority (the care home) | The care home recognises that a resident lacks capacity to consent to their care arrangements and that those arrangements restrict their liberty | Ongoing duty to assess |
| 2. Standard authorisation requested | The care home applies to the supervisory body (the local authority) | The care home submits a request for authorisation up to 28 days before the deprivation is planned, or immediately if already occurring | Application submitted as soon as possible |
| 3. Six assessments carried out | Assessors appointed by the local authority | Age assessment, mental health assessment, mental capacity assessment, eligibility assessment, best interests assessment, no refusals assessment. All six must be passed for authorisation to be granted | Should be completed within 21 days (though backlogs mean this is often longer in practice) |
| 4. Authorisation granted or refused | The local authority (supervisory body) | If all six assessments are passed, the local authority grants a standard authorisation for up to 12 months. If any assessment is not passed, the deprivation cannot continue lawfully | Authorisation lasts up to 12 months, then must be renewed |
| 5. Relevant Person's Representative appointed | The supervisory body appoints, usually from family or friends | The RPR has the legal right to be consulted, to request reviews, and to apply to the Court of Protection on the resident's behalf if needed | Appointed at the same time as authorisation |
| 6. Notification to CQC | The care home | The care home must notify the Care Quality Commission of the outcome of any DoLS application without delay | Immediately after outcome is known |
Urgent authorisations: what happens in an emergency
If a care home needs to deprive a person of their liberty immediately without waiting for a standard authorisation, it can grant itself an urgent authorisation lasting up to 7 days. It must simultaneously apply for a standard authorisation from the local authority.
The local authority can extend the urgent authorisation by up to 7 further days in exceptional circumstances. Urgent authorisations should be used sparingly and only when there is a genuine emergency that cannot wait for the standard process.
Your rights as a family member: the Relevant Person's Representative
When a DoLS authorisation is granted, the local authority appoints a Relevant Person's Representative (RPR). This is usually a close family member or friend, and the role comes with specific legal rights:
- The right to be consulted and kept informed about all matters relating to the resident's care and treatment during the authorisation period
- The right to request a review of the authorisation at any time if circumstances change
- The right to apply to the Court of Protection on the resident's behalf to challenge the authorisation. Legal aid is available for Court of Protection challenges to DoLS authorisations
- The right to access an Independent Mental Capacity Advocate (IMCA) if needed to support the role
If no suitable family member or friend is available to act as RPR, the local authority must appoint a paid representative. You can ask for this if you feel unable to take on the role.
If you are asked to be the RPR: understand what the role involves before agreeing. You are not expected to be a legal expert. Your primary responsibilities are to maintain regular contact with your relative, to advocate for their wishes and feelings, and to request a review if you believe the deprivation is no longer in their best interests or if circumstances change.
What families should check when DoLS is applied for
When a care home informs you that they are applying for a DoLS authorisation, ask these specific questions:
- What specific restrictions are you authorising? The care home should be able to describe exactly what amounts to the deprivation in your relative's case
- Has a mental capacity assessment been completed recently? Capacity can change. An assessment carried out months ago may not reflect the current position
- Has a best interests assessment been conducted? The best interests assessor must be independent of the care home and the local authority
- Who will be appointed as RPR? Make clear if you wish to take on this role
- Has the CQC been notified? This is a legal obligation for the care home
- What is the current backlog for authorisations in this local authority? Many areas have significant waiting times. Ask what happens in the interim while waiting for the authorisation to be processed
The Liberty Protection Safeguards: what is changing and when
DoLS has been widely criticised as overly bureaucratic, inefficient, and too narrow in scope. In 2019, the Mental Capacity (Amendment) Act introduced the Liberty Protection Safeguards (LPS) to replace DoLS, but the LPS have never been brought into force.
Here is where things stand in 2026:
| Date | What happened |
|---|---|
| 2019 | Mental Capacity (Amendment) Act passed. LPS legislated but not implemented |
| April 2023 | Government confirms LPS will not be implemented in that Parliament. DoLS continues unchanged |
| October 2025 | New government announces it will consult on LPS implementation in first half of 2026 |
| 2026 | Consultation underway. DoLS still applies. Earliest realistic LPS implementation is now 2027 at the very earliest |
The key differences the LPS would bring when eventually implemented:
- Wider scope: LPS would cover all settings including a person's own home and supported living, not just care homes and hospitals
- Lower age threshold: LPS would apply from age 16, compared to 18 under DoLS
- Simpler process: LPS require three assessments rather than DoLS's six, with greater ability to reuse existing assessments from the care planning process
- Longer authorisation periods: initial 12 months renewable for up to 3 further years, removing the annual renewal burden for long-term placements
- Shared responsibility: responsibility for authorising LPS spread between local authorities, NHS trusts, and Integrated Care Boards, rather than councils alone
For families of care home residents in 2026, DoLS remains the applicable system. Keep an eye on the consultation outcomes for updates on when LPS will come into force.
Concerned about care arrangements for a loved one?
If you have questions about your relative's care home placement, their rights, or whether the care they are receiving is appropriate, Senior Home Plus provides free impartial guidance to help families navigate the care system with confidence.
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FAQ: DoLS in care homes explained for families
Does a DoLS authorisation mean my relative is being treated badly?
No. A DoLS authorisation means the care home is acting responsibly by following the law. It is a legal protection for your relative, not a reflection of poor care. A care home that restricts a resident's liberty without obtaining a DoLS authorisation is the one acting unlawfully, even if the restriction is medically appropriate.
Can I object to a DoLS authorisation?
Yes. If you believe the deprivation is not in your relative's best interests, you can request a review through the local authority. If still unsatisfied, you or the RPR can apply to the Court of Protection to challenge the authorisation. Legal aid is available for these applications. Contact a solicitor specialising in mental capacity law for advice before applying.
What if the care home has not applied for a DoLS authorisation but my relative is clearly being restricted?
This is a serious concern. A care home that is depriving a resident of their liberty without a DoLS authorisation in place is acting unlawfully under the Human Rights Act 1998, specifically Article 5 (the right to liberty). You should raise this formally in writing with the care home manager, and if not resolved, report it to the CQC at cqc.org.uk/give-feedback-on-care and to the local authority's adult safeguarding team.
How long does a DoLS authorisation last?
A standard authorisation lasts a maximum of 12 months. After this, the care home must re-apply and the assessments must be repeated. If circumstances change significantly during the authorisation period, such as a significant improvement or deterioration in the person's condition, the RPR or the care home can request an early review.
What is the difference between DoLS and a Court of Protection order for deprivation of liberty?
DoLS applies only to care homes and hospitals. If a person is deprived of their liberty in any other setting, such as their own home or supported living, the Court of Protection must be applied to for a deprivation of liberty order. This is sometimes called a Community DoL or a Bournewood authorisation. The Court of Protection route is slower and more expensive. The Liberty Protection Safeguards, when introduced, will create a single system that covers all settings.
Does a DoLS authorisation affect the care home fees my relative pays?
No. A DoLS authorisation is a legal process entirely separate from care home fees. The costs of the assessments are met by the local authority, not charged to the resident or family.
My relative has a Lasting Power of Attorney. Does this affect DoLS?
A Health and Welfare LPA gives the attorney authority to make health and welfare decisions on behalf of the donor when they lack capacity. However, an LPA does not remove the requirement for a DoLS authorisation if a deprivation of liberty is occurring. The attorney can be appointed as the Relevant Person's Representative and has full standing to request reviews and challenge authorisations on the resident's behalf.
What is the backlog in DoLS authorisations and what does it mean for my relative?
The DoLS system is significantly backlogged. Many local authorities take far longer than the statutory 21-day period to process standard authorisations. During this waiting period, if the care home has applied correctly and is awaiting a response, the deprivation of liberty is considered to be occurring in compliance with the law. The CQC and government have raised serious concerns about the backlog, which is one of the drivers behind the push to implement the Liberty Protection Safeguards as a simpler, more efficient system.
Related guides
- How the Human Rights Act protects elderly people in care homes Article 5 (liberty), Article 8 (private life) and practical steps for families
- What to do if a loved one's rights are violated in a care home CQC complaints, ombudsman, adult safeguarding, legal action
- Am I legally responsible for my elderly parents in the UK? What adult children can and cannot do under UK law
- Dementia care in nursing homes What specialist dementia care involves and how to choose the right facility
- NHS Continuing Healthcare funding If your relative has complex health needs, the NHS may cover all costs regardless of savings
Summary
The Deprivation of Liberty Safeguards (DoLS) are a legal framework under the Mental Capacity Act 2005 that requires care homes to obtain formal authorisation before restricting the liberty of a resident who lacks the mental capacity to consent to their care arrangements. DoLS are a protection, not a punishment. They ensure restrictions are lawful, proportionate and in the person's best interests. As a family member, you have the right to be appointed as the Relevant Person's Representative, to request reviews, and to challenge authorisations at the Court of Protection. DoLS are set to be replaced by the Liberty Protection Safeguards (LPS), with a consultation underway in 2026 but implementation unlikely before 2027 at the earliest.
Key Takeaways
- DoLS apply when a care home resident lacks capacity to consent to arrangements that restrict their freedom.
- The three elements are continuous supervision, not free to leave, and inability to consent.
- The care home must apply to the local authority for authorisation. Six assessments must all be passed.
- A standard authorisation lasts up to 12 months and must be renewed annually.
- Family members can be appointed as Relevant Person's Representative with legal rights to advocate and challenge.
- A care home restricting liberty without DoLS in place is acting unlawfully under the Human Rights Act 1998.
- DoLS currently applies only to care homes and hospitals. All other settings require a Court of Protection order.
- The Liberty Protection Safeguards are being consulted on in 2026 but DoLS remains in force until further notice.
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