DoLS - a practical guide for professionals
What are the Deprivation of Liberty Safeguards?
The Deprivation of Liberty Safeguards (DoLS) provide legal protection for vulnerable people in hospital or a care home, whether placed under public or private arrangements. They are part of the Mental Capacity Act (MCA).
The DoLS apply to anyone aged 18 and over:
- who has a mental disorder or disability of the mind, such as dementia or a profound learning disability
- who lacks the mental capacity to consent to the arrangements made for their care or treatment (and is not providing valid consent)
- for whom receiving care or treatment in circumstances that amount to a deprivation of liberty may be necessary to protect them from harm.
An additional section of the MCA introduces a formal legal process and safeguards for situations where deprivation of liberty is an unavoidable necessity in the best interests of a person who lacks capacity to consent to their care and treatment. These safeguards were originally named after the hospital involved in the landmark Bournewood case.
The supervisory body (Gloucestershire County Council) is required to authorise any deprivation of liberty occurring in a care home or hospital setting. This body is responsible for assessing cases and authorising or refusing admissions that would result in a deprivation of liberty.
Professional guidance
The Law Society has issued comprehensive guidance on the law relating to DoLS. These safeguards ensure that people who lack capacity and live in care homes, hospitals, or supported living environments are not subject to overly restrictive measures in their daily lives.
Commissioned by the Department of Health, the guidance can help frontline health and social care professionals identify when a deprivation of liberty may be occurring in different health and care settings. Following a clarification in the definition of a deprivation of liberty in the Supreme Court’s ruling on 02/06/2026 in A Reference by the Attorney General of Northern Ireland (2026), this guidance is currently under review.
The link below will be updated when the guidance has been updated.
Understanding the Supreme Court multi-factorial test
Following a landmark judgement in A Reference by the Attorney General of Northern Ireland (2026), the Supreme Court overruled its own previous judgement in Cheshire West (2014) in respect to how a deprivation of liberty is determined.
The key questions to determine if someone is deprived of liberty:
1. 1. Objective element
a. A multifactorial consideration of the restrictions on someone’s liberty and how they impact on the person. Some of the factors include (but not limited to):
The nature of restrictions
The length of time they are in place
The effect on the individual including any objection or distress
The manner of their implementation
Whether the person is continually supervised
The relative normality of the placement and restrictions in place
Whether the arrangements are to meet care needs or are they for enforcement.
2. 2. Subjective element
a. Whether the person can provide ‘valid consent’ to their arrangements that may constitute a deprivation of liberty.
3. 3. Imputable to the state
a. Is a state body e.g. local authority, NHS aware of the arrangements.
The judgement is significant in determining whether arrangements made for the care and/or treatment of an individual lacking capacity to consent to those arrangements amount to a deprivation of liberty.
It is important to remember that the safeguards are there to protect very vulnerable people from arbitrary decision-making and ensure that they have a voice.
S21A challenges - When to issue court proceedings
Section 21A of the Mental Capacity Act provides a legal route to challenge DoLS authorisation. This guidance explains when it is appropriate to issue court proceedings under S21A, helping professionals understand the circumstances that warrant a challenge and the steps involved.
Key resources
- CQC statement on the Supreme Court's judgment on deprivation of liberty - Care Quality Commission
- UK Supreme Court 2026 judgment on what constitutes a deprivation of liberty - GOV.UK
- Identifying Whether your Service Users or Young People may be Deprived of their Liberty - Flowchart and Guidance
- MCA14 - Accessing the Court of Protection: Good Practice Guidance (2014)
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Additional resource
- Additional resources will be added once reviewed and published following June 2026 Supreme Court ruling.
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Contact the DoLS Service
- The DoLS Service coordinates and commissions the assessments and reviews on behalf of Gloucestershire County Council and NHS Gloucestershire. For advice and guidance:
- Email: dolsservice@gloucestershire.gov.uk
Deprivation of liberty outside of hospitals and care homes
The DoLS only apply in hospitals and care homes.
Where a deprivation of liberty may be taking place outside these settings, authorisation must be sought in accordance with one of the following legal regimes: a deprivation of liberty authorisation or Court of Protection order under the Mental Capacity Act Deprivation of Liberty Safeguards, or (if applicable) under the Mental Health Act 1983, or, in some rare situations, under the inherent jurisdiction of the High Court.